United States Sixth Circuit

District court did not err in applying an enhancement pursuant to U.S.S.G. section 2K2.1(b)(5), as enhancement conduct was not unavoidable once the underlying offense took place.

Appellate Information

• Decided 08/25/2003
• Published 08/25/2003

Judges

• Before:  CLAY and GIBBONS, Circuit Judges;  CLELAND, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Mark V. Courtade (briefed), Asst. U.S. Attorney, Timothy P. VerHey (argued), U.S. Attorney Office Western Dist. of Michigan, Grand Rapids, MI, for Plaintiff-Appellee., Lawrence J. Phelan (argued and briefed), Haehnel & Phelan, Grand Rapids, MI, for Defendant-Appellant.