United States Sixth Circuit

In a prosecution of defendant for illegal reentry after deportation, district court's imposition of a 11-month sentence after increasing defendant's offense level based on a prior felony conviction for forgery and tampering with records is affirmed as it is not necessary to determine whether defendant's forgery conviction is void in Ohio or, if it is, whether it would still be valid for federal sentencing purposes because defendant's claim that his Ohio felony conviction was improperly used in calculating his applicable guidelines range is a prohibited collateral attack on a state conviction.

Appellate Information

• Argued 11/30/2010
• Decided 12/02/2010
• Published 12/02/2010

Judges

• ROGERS

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Carlos Warner, Daniel R. Ranke