U.S. v. GALLOWAY

No. 04-5981.

439 F.3d 320 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Eriki GALLOWAY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 27, 2006.


Attorney(s) appearing for the Case

ARGUED: David C. Henry, Assistant United States Attorney, Memphis, Tennessee, for Appellant. Kemper B. Durand, Thomason, Hendrix, Harvey, Johnson & Mitchell, Memphis, Tennessee, for Appellee. ON BRIEF: David C. Henry, Assistant United States Attorney, Memphis, Tennessee, for Appellant. Kemper B. Durand, Thomason, Hendrix, Harvey, Johnson & Mitchell, Memphis, Tennessee, for Appellee.

Before: ROGERS and SUTTON, Circuit Judges; FORESTER, District Judge.


OPINION

KARL FORESTER, Senior District Judge.

The United States appeals the district court's decision not to sentence Eriki Galloway as a career offender under § 4B1.1 of the United States Sentencing Guidelines. For the reasons set forth below, we REVERSE and REMAND for resentencing.

I.

On September 18, 2002, a Federal Grand Jury sitting in the Western District of Tennessee returned a one count indictment...

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