United States Sixth Circuit

Defendant's sentence for reentry into the U.S. following removal is vacated, where the District Court's sentence was procedurally unreasonable because Defendant did not know that the District Court was contemplating an upward variance at the time of his sentencing hearing and had no meaningful opportunity to object to that variance.

Appellate Information

• Decided 04/09/2009
• Published 04/09/2009

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Todd A. Shanker, Federal Defender Office, Detroit, Michigan, for Appellant.  Michael R. Mueller, Assistant United States Attorney, Detroit, Michigan, for Appellee.   ON BRIEF:  Todd A. Shanker, Rafael Cerpa Villarruel, Federal Defender Office, Detroit, Michigan, for Appellant.  Michael R. Mueller, Assistant United States Attorney, Detroit, Michigan, for Appellee.