United States Sixth Circuit

District court erred in applying enhancement, under USSG 2K1.4(a)(1)(A), based on the untenable assertion that defendant knew his act of setting fire to a church to collect insurance money was "practically certain" to create a substantial risk of death or severe injury.

Appellate Information

• Decided 02/01/2002
• Published 02/01/2002

Judges

• Before:  BOGGS, GILMAN, and BRIGHT, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Timothy P. VerHey,Joan E. Meyer, briefed, Office of the U.S. Atty. for the W.D. of MI, Grand Rapids, MI, for Plaintiff-Appellee., Paul L. Nelson, briefed, Fed. Pub. Def. Office, Grand Rapids, MI, for Defendant-Appellant.