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| United States v. Ali, No. 05-1309,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 27, 2006, Filed
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Overview: Court lacked jurisdiction to review defendant's sentence; defendant's 121-months sentence fell within his waiver of his appeal rights, and his appeal was untimely because, per Fed. R. App. P. 4, the 10-day filing period ran from the entry of the original judgment, not the decision on defendant's motion for resentencing.
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| United States v. Grundy, NO. 03-6435,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 27, 2006, Filed
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Overview: Stolen gun enhancement under U.S. Sentencing Guidelines Manual § 2K2.1(b)(4) for 18 U.S.C.S. § 922(g)(1) violation was plain error under Booker, but resentencing was unnecessary because sentence would still be 60 months pursuant to 21 U.S.C.S. § 841(b)(1)(B) for violation of 21 U.S.C.S. §§ 841(a)(1), 846. Criminal history calculation was proper.
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| United States v. Saunders, No. 05-5025,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 27, 2006, Filed
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Overview: Sufficient evidence supported defendant's conviction under 21 U.S.C.S. §§ 841(a)(1), 846; evidence showed that defendant was the intended recipient of cocaine that was carried by airline passenger who was intercepted and searched by drug interdiction task officers. Increased sentence under 21 U.S.C.S. § 841(b)(1)(B) did not violate Sixth Amendment.
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| United States v. Smith, NO. 05-3422,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, April 27, 2006, Filed
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Overview: Court affirmed defendant's total 180-month sentence for drug and firearms offenses, violations of 21 U.S.C.S. §§ 841 and 846 and 18 U.S.C.S. § 924(c); trial court recognized that it had the authority to grant defendant a downward departure in sentence under U.S. Sentencing Guidelines Manual § 4A1.3 (2004) and that the Guidelines were advisory.
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