U.S. Court of Appeals for the Sixth Circuit, 2005

United States v. Nelson

United States v. Nelson
U.S. Court of Appeals for the Sixth Circuit · Decided April 8, 2005 · Cook, Lay, Martin
125 F. App'x 702

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.