United States Sixth Circuit

Defendant's sentence of 116 months' imprisonment for possession of more than five grams of crack cocaine with intent to distribute and for being a previously convicted felon in possession of a firearm is affirmed and remanded where, although the district court's sentencing was procedurally and substantively adequate, the Guidelines have since been revised to lower the range for certain crack offenses and defendant may be eligible for a sentencing reduction.

Appellate Information

• Decided 11/23/2009
• Published 11/23/2009

Judges

• Before:  BOGGS and CLAY, Circuit Judges;  BERTELSMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Steven S. Nolder, Federal Public Defender's Office, Columbus, Ohio, for Appellant.  Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.   ON BRIEF:  Steven S. Nolder, Federal Public Defender's Office, Columbus, Ohio, for Appellant.   Kevin Winters Kelley, Assistant United States Attorney, Columbus, Ohio, for Appellee.