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U.S. v. GILLIS

No. 09-3397.

592 F.3d 696 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Torrence GILLIS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

November 5, 2009.

Attorney(s) appearing for the Case

ARGUED: Gary W. Crim, Law Office, Dayton, Ohio, for Appellant. Edward F. Feran, Assistant U.S. Attorney, Cleveland, Ohio, for Appellee. ON BRIEF: Gary W. Crim, Law Office, Dayton, Ohio, Donna M. Grill, Office of the Federal Public Defender, Toledo, Ohio, for Appellant. Edward F. Feran, Assistant United States Attorney, Cleveland, Ohio, for Appellee.

Before: MARTIN, ROGERS, and COOK, Circuit Judges.

BOYCE F. MARTIN, JR., Circuit Judge.

In 07-3754, Torrence Gillis appeals his sentence, arguing that his sentence was unreasonable because the judge did not recognize that the guidelines were advisory and that he had the power to vary from the sentencing guidelines and the policy determinations of the Sentencing Commission. The government concedes that the district court erred, and the government has not met its burden of proving that the error was harmless. Thus,...

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