United States Sixth Circuit

District court's decision ordering that defendant's 46-month sentence for being a felon in possession of a firearm in violation of 18 U.S.C. section 922(g)(1) be served consecutively to an undischarged state sentence on an unrelated conviction for voluntary manslaughter is affirmed where: 1) although the district court did not mention U.S.S.G. section 5G1.3(c) by name, the totality of the record shows that the court considered each of the factors contained in application note 3(A) and thus committed no error, much less one that was obvious and clear; and 2) defendant failed to rebut the presumption of reasonableness given to his sentence at the bottom of the applicable Guidelines range.

Appellate Information

• Decided 06/02/2010
• Published 06/02/2010

Judges

• Before GIBBONS and GRIFFIN, Circuit Judges; DOWD, Senior District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:Paula R. Voss, Federal Defender Services Of Eastern, Tn., Inc., Knoxville, Tennessee, for Appellant. Cynthia F. Davidson, Assistant United States Attorney, Knoxville, Tennessee, for Appellee.