United States Sixth Circuit

Defendant unsuccessfully appealed his sentence, alleging the court erred in calculating the amount of drugs involved in the conspiracy, misapplied the sentencing guidelines to make a two-level adjustment for possessing a firearm, and improperly granted an upward departure based on the presence of death and "significant" physical injury.

Appellate Information

• Argued 08/11/2004
• Decided 06/29/2004
• Published 06/29/2004

Judges

• Before BOGGS, Chief Judge;  MARTIN, GUY, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Charles P. Wisdom, Jr. (briefed), Asst. U.S. Atty., Joseph L. Famularo, U.S. Atty's Office, Lexington, KY, Laura K. Voorhees (briefed), Asst. U.S. Atty., U.S. Atty's Office, Covington, KY, Steven L. Lane (argued and briefed), U.S. Dept. of Justice Criminal Div., Washington, DC, for Plaintiff-Appellee., Jarrod M. Mohler, Robbins, Kelly, Paterson & Tucker, Cincinnati, OH, H. Louis Sirkin (argued and briefed), Jennifer M. Kinsley (briefed), Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, OH, for Defendant-Appellant.