United States Sixth Circuit

A life sentence resulting from convictions for conspiracy to possess with intent to distribute and to distribute cocaine, as well as conspiracy to launder money, is affirmed over claims that: 1) the district court erred when it imposed an enhancement under U.S.S.G. section 3B1.1 (2005) because it did not find that defendant controlled the actions of others; 2) the sentence was substantively unreasonable in light of a 360-month sentence imposed after his first trial, as well as various other circumstances; 3) the district court erred in finding that certain sentencing decisions were "the law of the case"; 4) it failed to make a proportionality review before imposing the sentence; 5) his convictions were void because Title 21 was never published in the Federal Register, as required by 44 U.S.C. section 1505; and 6) the district court could not legally sentence him for either conviction because both convictions were barred by the statute of limitations and the district judge prejudicially instructed the jury that it had to find him guilty.

Appellate Information

• Decided 11/13/2008
• Published 11/13/2008

Judges

• Before:  MOORE and WHITE, Circuit Judges;  VINSON, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant.  Michael C. Leibson, Assistant United States Attorney, Detroit, Michigan, for Appellee.   ON BRIEF:  Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant.  Michael C. Leibson, Assistant United States Attorney, Detroit, Michigan, for Appellee.