United States Sixth Circuit

A sentence for being a felon in possession of a firearm is affirmed where: 1) any deviation from Federal Rule of Criminal Procedure 32(i)(1)(A) on the part of the district court did not constitute plain error; 2) the district court did not violate Rule 32(h) of the Federal Rules of Criminal Procedure by imposing an above-Guidelines sentence "without furnishing notice" to defendant, and even if it did, he would not be entitled to relief under the plain-error standard; and 3) the sentence was reasonable.

Appellate Information

• Decided 02/15/2008
• Published 02/15/2008

Judges

• Before: GUY, MOORE, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael J. Stengel, Stengel Law Office, Memphis, Tennessee, for Appellant.  E. Greg Gilluly, Jr., Assistant United States Attorney, Memphis, Tennessee, for Appellee.   ON BRIEF:  Michael J. Stengel, Stengel Law Office, Memphis, Tennessee, for Appellant.  E. Greg Gilluly, Jr., Assistant United States Attorney, Memphis, Tennessee, for Appellee.