6th Cir (Ky): USA v. Matthews (WD, Paducah; 3/14/2006)

USA v. Matthews

Western District of Kentucky at Paducah

RONALD LEE GILMAN, Circuit Judge. Martez Matthews was convicted of possessing five grams or more of crack cocaine with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and of using, possessing, and brandishing a firearm during and in relation to a drug-trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(ii). He was sentenced to a total of 162 months of  imprisonment and 4 years of supervised release. On appeal, he asserts errors relating to the admission of evidence of prior uncharged drug sales, the instructions to the jury regarding this priordrug-sale evidence, and the lawfulness of his sentence. The government concedes that Matthews should be resentenced in accordance with

United States v. Booker, 543 U.S. 220 (2005). For this reason and for the reasons set forth below, we AFFIRM Matthews’s convictions, but VACATE his sentence and REMAND

the case for resentencing.

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