United States Sixth Circuit

A sentence for being a felon in possession of a firearm and related charges is reversed and remanded for entry of a judgment of acquittal on the felon in possession count, and for resentencing, where: 1) even crediting certain testimony, it was not possible to find that any rational trier of fact could conclude beyond a reasonable doubt that defendant possessed the nine-millimeter handgun at issue, constructively or otherwise; and 2) resentencing was required under Booker.

Appellate Information

• Decided 10/17/2007
• Published 10/17/2007

Judges

• Before:  COLE and COOK, Circuit Judges;  MILLS, District Judge .

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael A. Partlow, Morganstern, MacAdams & DeVito, Cleveland, Ohio, for Appellant.  James E. Arehart, Assistant United States Attorney, Lexington, Kentucky, for Appellee.   ON BRIEF:  Michael A. Partlow, Morganstern, MacAdams & DeVito, Cleveland, Ohio, for Appellant.  James E. Arehart, Charles P. Wisdom, Jr., Assistant United States Attorneys, Lexington, Kentucky, for Appellee.