United States Eleventh Circuit
US v. MCCLAIN, 00-10346
A two-level enhancement under USSG 3B1.4 for using a minor to commit a crime does not require a defendant to actually know that the person used is a minor, and the enhancement applies to parties in a jointly undertaken criminal enterprise where use of a minor is reasonably foreseeable.
Appellate Information
- Decided 05/31/2001
- Published 05/31/2001
Judges
- TJOFLAT, Circuit Judge:, Before TJOFLAT, BARKETT and MAGILL, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- S. Ralph Martin, Jr.,Law Office of S. Ralph Martin, Jr., Atlanta, GA, for McClain., Steven P. Berne, Law Office of Steven Berne, Atlanta, GA, for Tucker.
- For Appellees:
- Richard Hunter Deane, Jr., Russell G. Vineyard, Atlanta, GA, for Plaintiff-Appellee.