United States Sixth Circuit

Defendant's sentence for reentry into the U.S. following removal is vacated, where there was insufficient evidence that Defendant's prior state court conviction was a "drug trafficking offense" that would subject him to the sentencing enhancement applied by the District Court.

Appellate Information

• Decided 03/12/2009
• Published 03/12/2009

Judges

• Before KEITH, SUTTON and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas Patrick Ryan, Law Offices, Cleveland, Ohio, for Appellant.  Phillip J. Tripi, Assistant United States Attorney, Cleveland, Ohio, for Appellee.   ON BRIEF:  Jaime P. Serrat, Cleveland, Ohio, for Appellant.  Michael J. Rendon, Assistant United States Attorney, Cleveland, Ohio, for Appellee.