United States Sixth Circuit

Sentence of 144 months for possession of crack and powder cocaine with intent to distribute, possession of a firearm in furtherance of a drug crime, and possession of a firearm after a felony conviction is affirmed and remanded where: 1) the district court properly exercised its discretion to impose a sentence without a presentence report under Federal Rule of Criminal Procedure 32(c)(1)(A)(ii) and U.S.S.G. section 6A1.1(a)(2); however 2) the case is remanded for reconsideration of defendant's sentence in light of the 2007 Amendments to the Sentencing Guidelines, which apply retroactively to defendant's case.

Appellate Information

• Decided 11/19/2008
• Published 11/19/2008

Judges

Court

• United States Sixth Circuit

Counsel