United States v. Arhebamen

AMENDED OPINION

HAROLD A. ACKERMAN, Senior District Judge.

Defendant/Appellant Mark Arhebamen appeals his judgment of conviction and sentence. We AFFIRM Defendant’s conviction, VACATE his sentence, and REMAND for resentencing pursuant to United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

I. Background

Defendant Mark Arhebamen was born in Nigeria in 1953, and entered the United States on a visitor’s visa in 1977. He was found deportable by the Immigration and Naturalization Service in 1978. In 1999, Defendant was indicted in the Eastern District of Michigan under the…