USA v. James Wooten


OPINION and JUDGMENT filed: The district court's imposition of sentencing enchancement is REVERSED. Wooten's sentence is VACATED and the case REMANDED for resentencing. Decision for publication pursuant to local rule 206. Karen Nelson Moore (AUTHORING), Jeffrey S. Sutton (DISSENTING), and Bernice Bouie Donald, Circuit Judges.

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Case: 11-5348 Document: 006111406360 Filed: 08/20/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 11-5348 UNITED STATES OF AMERICA, Plaintiff - Appellee, FILED Aug 20, 2012 LEONARD GREEN, Clerk v. JAMES WOOTEN, Defendant - Appellant. Before: MOORE, SUTTON, and DONALD, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Middle District of Tennessee at Nashville. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s imposition of sentencing enhancement is REVERSED, Wooten’s sentence is VACATED, and the case is REMANDED for resentencing in accordance with the opinion of this court. ENTERED BY ORDER OF THE COURT Leonard Green, Clerk

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