United States Sixth Circuit

A sentence for offenses related to a drug transaction that turned into an armed robbery is affirmed in part, but reversed in part as to a ten-year mandatory minimum sentence under 18 U.S.C. section 924(c)(1)(A)(iii) where, because the indictment did not give defendant fair notice that he could be held responsible for discharge of a firearm, the district court impermissibly exceeded the scope of the indictment at the sentencing stage.

Appellate Information

• Decided 02/11/2008
• Published 02/11/2008

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Thomas J. Drake, Jr., Craig & Drake, Nashville, Tennessee, for Appellant.  Philip H. Wehby, Assistant United States Attorney, Nashville, Tennessee, for Appellee.