United States Sixth Circuit

In a prosecution of defendant, a former police officer and armored truck employee, for robbing ATM machines and an armored truck at gunpoint, district court's sentence is affirmed where: 1) defendant's arguments that the district court had authority to consider his mandatory minimum sentence when determining his sentence for the underlying offenses, and that Kimbrough overruled Franklin II, are without merit; 2) district court's sentence is reasonable as defendant's sentence of 97 months' imprisonment is within the guidelines range and thus presumptively reasonable, and defendant has not provided any basis to overcome the presumption; and 3) defendant's claim that the district court should have considered post-sentencing rehabilitation in his Booker resentencing is without merit.

Appellate Information

• Decided 09/23/2010
• Published 09/23/2010

Judges

• FORESTER

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Kenneth P. Tableman, Daniel R. Hurley