United States of America v. Damon Richard Nelson

*The Honorable Donald P. Lay, Circuit Judge for the United States Court of Appeals for the
Eighth Circuit, sitting by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 05a0267n.06
Filed: April 8, 2005
No. 04-1306
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DAMON RICHARD NELSON,
Defendant-Appellant.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF MICHIGAN
Before: MARTIN, COOK, and LAY*, Circuit Judges.
PER CURIAM. Damon Nelson appeals his sentence for being a felon in possession of a
firearm and possessing with intent to distribute crack, arguing that the district court erred in
sentencing him under “mandatory” Guidelines, in light of United States v. Booker, 125 S. Ct. 738
(2005). We agree that the district court erred, and presume this prejudiced Nelson. See United
States v. Barnett, 398 F.3d 516, 525-30 (6th Cir. 2005). Because nothing in the record rebuts this
presumption, we vacate Nelson’s sentence and remand for resentencing in light of Booker.

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No. 03-2406
Bowman v. Knape & Vogt Manufacturing Company
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