United States Sixth Circuit

A sentence for theft of firearms and use of firearms in connection with a drug transaction is reversed and remanded where the district court incorrectly calculated defendant's guideline range because a two-point enhancement for possession of stolen guns amounted to impermissible double counting, even though the determination of the range was otherwise correct.

Appellate Information

• Decided 10/18/2006
• Published 10/18/2006

Judges

• Before MARTIN, MOORE, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas G. Eagle, Thomas G. Eagle Co., L.P.A., Lebanon, Ohio, for Appellant.  Robert C. Bartlemay Sr., United States Attorney, Dayton, Ohio, for Appellee.   ON BRIEF:  Thomas G. Eagle, Thomas G. Eagle Co., L.P.A., Lebanon, Ohio, for Appellant.  Robert C. Bartlemay Sr., United States Attorney, Dayton, Ohio, for Appellee.