United States Sixth Circuit

Sentences entered pursuant to guilty pleas to charges arising from defendants' involvement in a counterfeit check cashing scheme are affirmed over claims that: 1) the district court erred in using a preponderance of the evidence standard in determining a sentence; 2) even under that standard, insufficient evidence supported a finding; 3) the doctrine of constitutional avoidance required the use of a beyond a reasonable doubt standard at sentencing; and 4) there was plain error in a failure to find prosecutorial misconduct.

Appellate Information

• Decided 08/24/2006
• Published 08/24/2006

Judges

• Before:  BATCHELDER and McKEAGUE, Circuit Judges;  ACKERMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kenneth P. Tableman, Grand Rapids, Michigan, for Appellant.  Daniel Y. Mekaru, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Kenneth P. Tableman, Grand Rapids, Michigan, Edwin L. Hettinger, Hettinger & Hettinger PC, Portage, Michigan, for Appellants.  Daniel Y. Mekaru, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.