United States Sixth Circuit

In a prosecution of defendant for drug and firearm related offenses, the case is remanded for resentencing where: 1) the district court committed plain error by failing to probe defendant's understanding of the appellate waiver provision of his plea agreement, and therefore, the waiver is unenforceable against the defendant; and 2) the district court erred by sentencing defendant to both a five-year mandatory minimum sentence under the firearm statute and a ten-year mandatory minimum sentence under the drug statute.

Appellate Information

• Decided 03/10/2010
• Published 03/10/2010

Judges

Court

• United States Sixth Circuit

Counsel