United States Sixth Circuit

Defendant's 14-level sentencing enhancement, due to damages exceeding $400,000, is vacated and remanded. The district court failed to respond to defendant's specific objections to the loss calculations, as was its burden under FRCP rule 32.

Appellate Information

• Argued 10/21/2003
• Decided 01/28/2004
• Published 01/28/2004

Judges

• Before MARTIN and SUTTON, Circuit Judges;  MILLS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Paul D. Muller, Farmington, MI, for Appellant.   Kathleen Moro Nesi, Assistant United States Attorney, Detroit, MI, for Appellee.   ON BRIEF:  Paul D. Muller, Farmington, MI, for Appellant.   Kathleen Moro Nesi, Assistant United States Attorney, Detroit, MI, for Appellee.