United States Sixth Circuit

Defendant's sentence, imposed on a remand pursuant to Booker, for conspiracy to distribute crack and powder cocaine is affirmed over a claim that the sentence was substantively unreasonable because a downward variance was not large enough.

Appellate Information

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

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Hugh J. Moore, Jr., Chambliss, Bahner & Stophel, Chattanooga, Tennessee, for Appellant.  Gregg L. Sullivan, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.   ON BRIEF:  Hugh J. Moore, Jr., Chambliss, Bahner & Stophel, Chattanooga, Tennessee, Thomas C. Greenholtz, Shumacker, Witt, Gaither & Whitaker, Chattanooga, Tennessee, for Appellant.  Gregg L. Sullivan, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.