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UNITED STATES OF AMERICA, Plaintiff-Appellee/Cross-Appellant, v. COREY L. GUTHRIE, Defendant-Appellant/Cross-Appellee. |
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Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
No. 05-00139—Jennifer B. Coffman, Chief District Judge.
Argued: January 22, 2009
Decided and Filed: March 2, 2009
Before: MARTIN and MOORE, Circuit Judges; GWIN, District Judge.
GWIN, District Judge. Defendant-Appellant Cross-Appellee Corey L. Guthrie (“Guthrie”) appeals his conviction for one count of car-jacking in violation of 18 U.S.C. § 2119; one count of discharging a firearm during a crime of violence in violation of 18 U.S.C. § 924(c); one count of possession of a sawed-off shotgun in violation of 18 U.S.C. §§ 5861(d) and 5871; and one count of possession of firearms by a convicted felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). A jury convicted Guthrie on all four counts. Plaintiff-Appellee Cross-Appellant United States of America crossappeals Guthrie’s sentence. The district court sentenced Guthrie to 180 months incarceration on Count 1 (carjacking) and on Count 4 (possession of firearms by a felon) and to 120 months imprisonment on Count 3 (possession of a sawed-off shotgun), all to be served concurrently. Further, the district court sentenced Guthrie to 120 months imprisonment on Count 2 (discharging a firearm during a crime of violence), to be served consecutively to the other counts. In total, the district court sentenced Guthrie to 25 years of imprisonment.
With his appeal, Guthrie argues that the district court erred by: (1) permitting the Assistant United States Attorney to speak with the victim-witness during her crossexamination; (2) permitting the introduction of audio recordings of 911 calls; (3) permitting the introduction of video recording of a police pursuit; (4) refusing to issue a writ to produce a witness at trial; (5) instructing the jury on the wrong standard for “intent to cause death or serious bodily injury”; and (6) denying Guthrie’s motions for judgment of acquittal on the grounds of insufficiency of the evidence.
With its cross-appeal, the United States of America argues that the district court erred when it varied from the Sentencing Guidelines in sentencing Guthrie. The United States argues that the district court varied from the advisory Sentencing Guidelines range due to the effect of applicable statutory mandatory minimums on the overall sentence and failed to provide an adequate explanation for the sentence.
For the reasons that follow, we AFFIRM Guthrie’s convictions and his sentence.
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RUSSELL B. HILL, Petitioner-Appellant, v. TOM DAILEY, Warden, Respondent-Appellee. |
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Filed: March 2, 2009
Russell Hill, a Kentucky prisoner arguing on his own behalf, challenges a district court’s order denying his petition for a writ of habeas corpus and denying him a certificate of appealability. See 28 U.S.C. §§ 2253(b), 2254. Construing his notice of appeal as an application for a certificate of appealability, see Fed. R. App. P. 22(b)(2); Castro v. United States, 310 F.3d 900, 903 (6th Cir. 2002), the court denies the application.