US v. GILL, 01-6538
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).
- Decided 10/31/2003
- Published 10/31/2003
- Before MOORE and CLAY, Circuit Judges; LAWSON, District Judge.
- United States Sixth Circuit
- 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.