United States Sixth Circuit

District court's imposition of 100 months' imprisonment on a defendant convicted pursuant to a guilty plea to conspiracy to possess with intent to distribute cocaine is reversed and remanded as the district court committed a clear procedural error in failing to calculate defendant's appropriate Guidelines range, and as such, the sentencing hearing was procedurally unreasonable under Gall.

Appellate Information

• Decided 12/16/2009
• Published 12/16/2009

Judges

• Before:  SILER, GILMAN, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Erik Jameson Clark, Douglas R. Cole, Allison E. Haedt, Jones Day, Columbus, Ohio, Lawrence J. Whitney, Burdon & Merlitti, Akron, Ohio, for Appellant.  Blas E. Serrano, Assistant United States Attorney, Cleveland, Ohio, for Appellee.