408 F.3d 301 (6th Cir. 2005), 04-3074, United States v. Jackson

Docket Nº:04-3074.
Citation:408 F.3d 301
Party Name:UNITED STATES of America, Plaintiff-Appellant, v. Michael E. JACKSON, Defendant-Appellee.
Case Date:May 24, 2005
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 301

408 F.3d 301 (6th Cir. 2005)

UNITED STATES of America, Plaintiff-Appellant,

v.

Michael E. JACKSON, Defendant-Appellee.

No. 04-3074.

United States Court of Appeals, Sixth Circuit.

May 24, 2005

Argued: Feb. 3, 2005.

Page 302

ARGUED:

Daniel S. Goodman, United States Department of Justice, Washington, D.C., for Appellant.

Debra K. Migdal, Federal Public Defender's Office, Cleveland, Ohio, for Appellee.

ON BRIEF:

Daniel S. Goodman, United States Department of Justice, Washington, D.C., Joseph P. Schmitz, Assistant United States Attorney, Cleveland, Ohio, for Appellant.

Debra K. Migdal, Federal Public Defender's Office, Cleveland, Ohio, for Appellee.

Before: GIBBONS and SUTTON, Circuit Judges; EDGAR, Chief District Judge. [*]

OPINION

GIBBONS, Circuit Judge.

Defendant-appellee Michael E. Jackson pled guilty to one count of being a convicted felon in possession of a firearm in violation of 18 U.S.C.§ 922(g)(1). The district court granted Jackson's motion for a downward departure, departing eight levels from Jackson's base offense level. The district court sentenced Jackson to three years of probation, with a special condition of six months home confinement with electronic monitoring. The government appeals the district court's sentence, arguing that the court imposed an unreasonable sentence because the district court both failed to justify the decision to vary Jackson's sentence from the applicable guidelines range as well as the extent of the variance under 18 U.S.C. § 3553(a) and also relied on factors which are considered to be either discouraged or prohibited under the now-advisory United States Sentencing Guidelines (U.S.S.G.).

For the following reasons, we vacate Jackson's sentence and remand the case to the district court for resentencing consistent with the Supreme Court's decision in United States v. Booker, --- U.S. ----, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

I.

On the evening of January 20, 2003, Youngstown police officers observed a blue Cadillac Sedan DeVille traveling at a high rate of speed and turning without using a signal. The officers stopped the car, driven by Jackson, who explained that he was speeding because he was on his way to check on a business alarm that had gone off in the area. When the officers looked in the car, they observed the butt of a handgun sticking out from under the driver's seat. The handgun was a Hi-Point 9 mm pistol with eight rounds of live ammunition. Jackson was arrested for carrying a concealed weapon and was issued a traffic citation for failure to use his signal before turning.

Following the arrest for the concealed weapon, Jackson was indicted on one count of being a convicted felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). 1 On September 11, 2003,

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Jackson pled guilty to this count. Under the plea agreement, Jackson and the government agreed that the appropriate base offense level pursuant to U.S.S.G. § 2K2.1(a)(4) was twenty because Jackson had previously been convicted of a crime of violence. The government agreed not to oppose a reduction of three levels for Jackson's acceptance of responsibility pursuant to U.S.S.G. § 3E1.1(a) and (b).

The presentence investigation report calculated Jackson's total offense level to be seventeen and his criminal history category to be two. The presentence investigation report noted that the maximum term of imprisonment was ten years, and that Jackson's criminal history category and total offense level placed him...

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