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U.S. v. DAVIS

No. 05-3784.

537 F.3d 611 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. William J. DAVIS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 12, 2008.

Attorney(s) appearing for the Case

ARGUED: Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellant. C. Mark Pickrell, Waller, Lansden, Dortch & Davis, Nashville, Tennessee, for Appellee. ON BRIEF: Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellant. C. Mark Pickrell, Waller, Lansden, Dortch & Davis, Nashville, Tennessee, for Appellee.

Before: BOGGS, Chief Judge; KEITH and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

A jury convicted William Davis of two counts of bank fraud, after which the district court calculated a sentencing-guidelines range of 30 to 37 months. The court imposed a sentence of one day in prison because, among other reasons, Davis was 70 years old at the time of sentencing and because he had committed the underlying crimes 14 years earlier. We reverse because the second explanation...

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