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| United States v. Borho, No. 06-5288,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 15, 2007, Decided , May 15, 2007, Filed
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Overview: Defendant's sentence of 72 months based on his convictions for distributing and receiving child pornography was vacated because it was substantively unreasonable and the district failed to set forth a compelling justification that justified the magnitude of the 66 percent below the bottom of the applicable sentencing guidelines range.
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| United States v. Sawyers, No. 05-6670,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 15, 2007, Filed
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Overview: After examining transcript from plea colloquy and factual allegations presented to state trial court, district court properly determined that conviction for statutory rape was "violent felony" for purposes of ACCA, 18 U.S.C.S. § 924(e); victim faced serious potential of physical injury. Sentence for 18 U.S.C.S. § 922(g)(1) conviction was proper.
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| United States v. Settle, No. 05-6591,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 15, 2007, Filed
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Overview: District court properly enhanced defendant's offense level based on U.S. Sentencing Guidelines Manual §§ 2K2.1(c)(1), 2X1.1(a), 2A2.1(a)(1) because evidence showed clear connection between pistol recovered for charge under 18 U.S.C.S. § 922(g) and handgun defendant used two weeks later to injure individual with whom defendant had ongoing dispute.
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| United States v. Sheldon, No. 06-3015,
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, May 15, 2007, Filed
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Overview: Defendant's Sixth Amendment right was not violated when the court chose to conduct the voir dire alone and without out the attorneys from either side because Fed. R. Crim. P. 24(a)(1) provided that a trial judge could examine prospective jurors himself, or in the alternative could permit the attorneys for the parties to conduct the examination.
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