United States Sixth Circuit

Sentence is vacated where simple possession of illegal drugs for personal use is not conduct that is "relevant" to the charge of possession with intent to distribute a controlled substance for the purpose of determining a sentence; amounts possessed for personal consumption should not be included when calculating the amount of drugs to enter into the drug quantity table in U.S.S.G. section 2D1.1(c).

Appellate Information

• Decided 10/31/2003
• Published 10/31/2003

Judges

• Before MOORE and CLAY, Circuit Judges;  LAWSON, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Victor L. Ivy (argued and briefed), Assistant United States Attorney, Jackson, TN, for Plaintiff-Appellee., April R. Goode (argued), Asst. Federal Public Defender, M. Dianne Smothers (briefed), Asst. Federal Public Defender, Office of the Federal Public Defender, Memphis, TN, for Defendant-Appellant.