United States v. Nelson

Sixth Circuit

United States v. Nelson

125 F. App'x 702

Procedural entryThis page is a short order in United States v. Nelson. Read the opinion of the Court — 238 F. App'x 65 →

Court of Appeals for the Sixth Circuit·Decided April 8, 2005·No. No. 04-1306·Published

Opinion

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 [703]*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

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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 [703]*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

United States v. Nelson, 125 F. App'x 702 (6th Cir. 2005).

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Opinion

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