United States Sixth Circuit

A sentence for drug-related offenses is affirmed where: 1) district courts may, consistent with the Sixth Amendment, find sentencing facts in applying the now-advisory sentencing guidelines; 2) defendant forfeited an argument that the district court failed adequately to explain its rejection of his arguments for leniency and could not show plain error; and 3) his within-guidelines sentence was reasonable.

Appellate Information

• Decided 02/07/2008
• Published 02/07/2008

Judges

• Before:  BOGGS, Chief Judge;  MARTIN, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen Ross Johnson, Ritchie, Dillard & Davies, Knoxville, Tennessee, for Appellant.  Charles E. Atchley, Jr., Assistant United States Attorney, Knoxville, Tennessee, for Appellee. ON BRIEF:  Stephen Ross Johnson, Ritchie, Dillard & Davies, Knoxville, Tennessee, for Appellant.  Charles E. Atchley, Jr., Assistant United States Attorney, Knoxville, Tennessee, for Appellee.  Ann C. Short-Bowers, The Bosch Law Firm, P.C., Knoxville, Tennessee, David M. Eldridge, Eldridge & Blakney, Knoxville, Tennessee, Henry A. Martin, Federal Public Defender's Office, Nashville, Tennessee, for Amici Curiae.