United States Sixth Circuit

Defendants' sentences for offenses stemming from the distribution of cocaine, imposed on a remand pursuant to Booker, are affirmed over meritless claims that: 1) the district court violated their Sixth Amendment and due process rights by using its own factual findings to calculate their sentencing ranges under the Guidelines; 2) the sentences exceeded the "maximum statutory sentence" allowable for their offenses; 3) imposition of their sentences in accordance with the remedial portion of Booker created an unconstitutional ex post facto effect; 4) one sentence was unreasonable; and 5) a refusal to order the preparation of new presentencing reports on remand was improper under Fed. R. Crim. P. 32.

Appellate Information

• Decided 01/11/2008
• Published 01/11/2008

Judges

• Before: MERRITT, ROGERS, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen T. Greer, Dunlap, Tennessee, Marshall A. Raines, Swafford, Jenkins & Raines, Jasper, Tennessee, Clayton M. Whittaker, Mack & Whittaker, Chattanooga, Tennessee, for Appellants.  Gregg L. Sullivan, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.   ON BRIEF:  Stephen T. Greer, Dunlap, Tennessee, Marshall A. Raines, Swafford, Jenkins & Raines, Jasper, Tennessee, Clayton M. Whittaker, Mack & Whittaker, Chattanooga, Tennessee, for Appellants.  Gregg L. Sullivan, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.