United States Eleventh Circuit

Appeals from convictions of two defendants, one sentenced to 120 months for conspiracy to manufacture methamphetamine, the other to 87 months for possession of pseudoephedrine with intent to manufacture methamphetamine, arising out of the same incident and the same issues on appeal, are reversed to the extent the district court erred in enhancing their offense levels under U.S.S.G. section 2D1.1(b)(6)(A) (redesignated as U.S.S.G. section 2D1.1(b)(8)(A) in 2006) for unlawfully discharging a hazardous substance.

Appellate Information

• Decided 12/20/2006
• Published 12/20/2006

Judges

• PER CURIAM:, Before ANDERSON and BARKETT, Circuit Judges, and GOLDBERG, Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Kristen Gartman Rogers, Carlos Alfredo Williams and K. Lyn Hillman, Fed., Pub. Defenders, Fed. Defender Org., Mobile, AL, for Kinard., David Andrew Sigler, Mobile, AL, for U.S., Richard G. Alexander, (Court-Appointed), Mobile, LA, for Schmitz.