United States Sixth Circuit
US v. Alexander, 06-1867
A sentence for sexual abuse of a minor is vacated and remanded where the district court plainly erred in failing to provide notice of an upward variance as required by Federal Rule of Criminal Procedure 32(h).
Appellate Information
- Decided 02/26/2008
- Published 02/26/2008
Judges
- Before: KENNEDY, MARTIN, and COLE, Circuit Judges.
Court
- United States Sixth Circuit
Counsel
- For Appellees:
- ARGUED: Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. Timothy P. VerHey, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. Paul D. Lochner, Assistant United States Attorney, Marquette, Michigan, for Appellee.