United States Sixth Circuit

Defendant's drug and firearm convictions and sentence are affirmed where: 1) a rational jury could have found beyond a reasonable doubt that defendant exercised dominion and control over the drugs and firearm found in his apartment; and 2) 18 U.S.C. section 994(h) does not require a district court to remain within the Guidelines range in crack cocaine matters.

Appellate Information

• Decided 08/11/2009
• Published 08/11/2009

Judges

• Before:  DAUGHTREY, ROGERS, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant.  Sean C. Maltbie, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Kevin M. Schad, Schad & Schad, Lebanon, Ohio, Thomas F. Goeke, Jr., Law Office of Thomas F. Goeke, Jr., Covington, Kentucky, for Appellant.  Sean C. Maltbie, Phillip J. Green, Assistant United States Attorneys, Grand Rapids, Michigan, for Appellee.