United States Sixth Circuit

Defendant's conviction and sentence for being a felon in possession of a firearm with intent to distribute is affirmed where: 1) district court did not abuse its discretion by denying his motion for self-representation; 2) defendant cannot demonstrate that the district court committed plain error by proceeding with sentencing rather than providing him more time to review a report; 3) district court did not commit plain error by ordering that defendant pay the costs of impaneling the jury; and 4) because the Fair Sentencing Act of 2010 contains no express statement that it is retroactive, nor can any such express intent from its plain language be inferred, the district court's imposition of the 60-month mandatory minimum sentence is affirmed.

Appellate Information

• Decided 09/20/2010
• Published 09/20/2010

Judges

• BATCHELDER

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Kevin M. Schad, Bernard A. Smith