United States Sixth Circuit

A sentence for being a felon in possession of a firearm is affirmed in part, vacated in part, and remanded where: 1) for purposes of sentencing under the ACCA, until defendant has his 1993 escape conviction overturned or removed from his record, precedent requires the circuit court to conclude that such conviction was for a violent felony; but 2) the evidence before the district court did not establish that the firearm at issue was possessed in connection with a controlled-substance offense.

Appellate Information

• Decided 03/17/2008
• Published 03/17/2008

Judges

• Before MOORE, GILMAN, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  James E. Thomas, Law Office of James E. Thomas, Memphis, Tennessee, for Appellant.  Steven S. Neff, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.