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U.S. v. McGLOCKLIN

No. 91-6121.

8 F.3d 1037 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Larry Roscoe McGLOCKLIN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 17, 1993.

Attorney(s) appearing for the Case

Darryl Stewart, Asst. U.S. Atty., Ernest W. Williams, U.S. Atty., Nashville, TN, Joseph C. Wyderko (argued and briefed), Dept. of Justice, Crim. Div., Appellate Section, Washington, DC, for plaintiff-appellant.

Thomas W. Watson, Asst. Federal Public Defender (argued and briefed), Nashville, TN, for defendant-appellee.

Gregory D. Smith (briefed), Richardson & Richardson, Clarksville, TN, for Nat. Ass'n of Crim. Defense Lawyers, Amicus Curiae.

Before: MERRITT, Chief Judge; and KEITH, KENNEDY, MARTIN, JONES, MILBURN, GUY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, and BATCHELDER, Circuit Judges.

RALPH B. GUY, Jr., Circuit Judge.

We voted to consider this case en banc to decide whether a defendant may challenge at sentencing a prior state court conviction not previously ruled invalid which would result in a longer sentence if included within the sentencing guidelines calculus.1 We conclude that a narrow window of challenge to prior convictions is available, and in this opinion we set forth the considerations that should...

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