District court's denial of defendant's motion for a sentence reduction is reversed and remanded as the facts set forth in a PSR do not mandate a finding that defendant possessed or distributed at least 4.5 kg of crack, and as such, the district court committed legal error which was not harmless, because the district court could have granted defendant a sentence reduction by finding that the government never proved that he was responsible for a quantity of crack greater than 4.5 kg.
Appellate Information
Argued: August 6, 2009
Decided and Filed: October 5, 2009
Judges
Opinion by Circuit Judge Clay
Counsel
For Appellant: Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan
For Appellee: Nils R. Kessler, Assistant United States Attorney, Grand Rapids, Michigan