United States v. Nelson

U.S. Court of Appeals for the Sixth Circuit
United States v. Nelson, 125 F. App'x 702 (6th Cir. 2005)

United States v. Nelson

Opinion of the Court

PER CURIAM.

Damon Nelson appeals his sentence for being a felon in possession of a firearm and possessing with intent to distribute crack, arguing that the district court erred in sentencing him under “mandatory” Guidelines, in light of United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 *703L.Ed.2d 621 (2005). We agree that the district court erred, and presume this prejudiced Nelson. See United States v. Barnett, 398 F.3d 516, 525-30 (6th Cir. 2005). Because nothing in the record rebuts this presumption, we vacate Nelson’s sentence and remand for resentencing in Booker. light of

Reference

Full Case Name
United States v. Damon Richard NELSON
Status
Published