United States Sixth Circuit

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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).

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.