United States Sixth Circuit

Where stipulated facts establish only that defendant distributed a particular drug amount, and the government failed to prove that a death resulted from the distribution, by the express "offense of conviction" language of the Guidelines, defendant was ineligible for an enhancement under U.S.S.G. section 2D1.1(a)(2).

Appellate Information

• Decided 03/04/2003
• Published 03/04/2003

Judges

• Before MERRITT and DAUGHTREY, Circuit Judges;  RUSSELL, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Dan R. Smith (argued and briefed), Asst. U.S. Atty., U.S. Attorney's Office, Johnson City, TN, for Plaintiff-Appellant.


• For Appellees:
  
• Nikki C. Pierce (argued and briefed), Federal Defender Services of Eastern Tennessee, Greeneville, TN, David F. Ness (briefed), Asst. Federal Public Defender, Federal Defender's of Montana, Great Falls, MT, for Defendant-Appellee.