USA v. Terry Honeycutt

Filing

OPINION and JUDGMENT filed : The Defendant s 841(c)(2) convictions are AFFIRMED and the sentences on his 843(a)(6) convictions are VACATED. The district court s determination that forfeiture is not warranted is REVERSED, and the case is REMANDED for resentencing on the 843(a)(6) convictions and for reconsideration of a forfeiture order consistent with the opinion of this court. Decision for publication. Eugene E. Siler, Jr. (AUTHORING) Karen Nelson Moore (CONCURRING IN THE JUDGMENT), and Julia Smith Gibbons, Circuit Judges. [14-5790, 14-5850]

Case: 14-5790

Document: 45-3

Filed: 03/04/2016

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Nos. 14-5790/5850
UNITED STATES OF AMERICA,
Plaintiff - Appellee/Cross - Appellant,
v.

FILED
Mar 04, 2016
DEBORAH S. HUNT, Clerk

TERRY MICHAEL HONEYCUTT,
Defendant - Appellant/Cross - Appellee.
Before: SILER, MOORE, and GIBBONS, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Eastern District of Tennessee at Chattanooga.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the Defendant’s § 841(c)(2)
convictions are AFFIRMED and the sentences on his § 843(a)(6) convictions are VACATED. IT IS
FURTHER ORDERED that the district court’s determination that forfeiture is not warranted is
REVERSED, and the case is REMANDED for resentencing on the § 843(a)(6) convictions and for
reconsideration of a forfeiture order consistent with the opinion of this court.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk