United States Sixth Circuit

In a robbery case, defendant's sentence enhancement for discharge of a weapon is reversed for recalculation where the only gun that was discharged belonged to a security guard and reasonable foreseeability is not relevant for actions by third parties not in furtherance of a joint undertaking.

Appellate Information

• Argued 06/10/2004
• Decided 08/20/2004
• Published 08/20/2004

Judges

• Before:  MERRITT and DAUGHTREY, Circuit Judges;  NIXON, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Tony R. Arvin (argued), Asst. U.S. Attorney, Memphis, TN, for Plaintiff-Appellee., Needum L. Germany (argued), Federal Public Defender, Randolph W. Alden (briefed), Office of the Federal Public Defender for the Western District of Tennessee, Memphis, TN, for Defendant-Appellant.