United States Sixth Circuit

An exit border search of a cargo container was reasonable, and defendant's prior California "wobbler" conviction was a proper predicate offense to make him a "felon" under 18 U.S.C. section 922(g), but the district court erred by enhancing defendant's sentence under U.S.S.G. section 2K2.1(b)(5).

Appellate Information

• Decided 08/12/2003
• Published 08/12/2003

Judges

• Before NORRIS, DAUGHTREY, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Pierre H. Bergeron (argued and briefed), Squire, Sanders & Dempsey, Cincinnati, OH, for Appellant.


• For Appellees:
  
• Robert Cares (argued and briefed), United States Attorney, Detroit, MI, for Appellee.