United States Sixth Circuit

District court's denial of defendant's motion for a sentence reduction is reversed and remanded as the facts set forth in a PSR do not mandate a finding that defendant possessed or distributed at least 4.5 kg of crack, and as such, the district court committed legal error which was not harmless, because the district court could have granted defendant a sentence reduction by finding that the government never proved that he was responsible for a quantity of crack greater than 4.5 kg.

Appellate Information

• Decided 10/05/2009
• Published 10/05/2009

Judges

• Before:  CLAY, COOK, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant.  Nils R. Kessler, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Sharon A. Turek, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant.  B. René Shekmer, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.