United States Sixth Circuit

Under USSG 2D1.1, application note 12, the district court must exclude attempted sale of drugs from defendant's sentencing calculation where defendant demonstrates he was not capable of delivering the drugs.

Appellate Information

• Decided 11/27/2000
• Published 11/27/2000

Judges

• Before:  MERRITT, KENNEDY, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Gregg L. Sullivan (argued), Paul W. Laymon, Jr. (briefed), Assistant United States Attorneys, Chattanooga, Tennessee, for Plaintiff-Appellee., David F. Ness (argued and briefed), Federal Defender Services of Eastern Tennessee, Inc., Chattanooga, Tennessee, for Defendant-Appellant.