United States Sixth Circuit

A conviction for drug- and firearm-possession charges is affirmed where, although the district court erred in accepting a witness's blanket assertion of the Fifth Amendment privilege without further probing, any resulting error harmless. However, defendant's sentence is vacated and remanded where the district court's equivocation at sentencing made it unclear whether it appreciated its full sentencing discretion.

Appellate Information

• Decided 04/07/2008
• Published 04/07/2008

Judges

• Before:  MERRITT, GILMAN, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Andrew N. Wise, Federal Defender Office, Detroit, Michigan, for Appellant.  Kevin M. Mulcahy, Assistant United States Attorney, Detroit, Michigan, for Appellee.   ON BRIEF:  Andrew N. Wise, Federal Defender Office, Detroit, Michigan, for Appellant.  Kevin M. Mulcahy, Assistant United States Attorney, Detroit, Michigan, for Appellee.