United States Sixth Circuit

Sentence for acts in connection with the kidnapping of defendant's former brother-in-law in Morocco, which was imposed upon a remand, is affirmed over claims of error regarding: 1) non-constitutional challenges to various guidelines enhancements; 2) whether the court's consideration of conduct which a jury could not agree on, at sentencing, violated the Sixth Amendment; 3) whether the application of various guidelines enhancements under a preponderance of the evidence standard denied him due process; 4) whether the sentence was both substantively and procedurally unreasonable; 5) whether the indictment was defective because the prosecutor failed to plead and prove an essential element of the indictment; and 6) whether jury instructions departed from the indictment, such that there was a "constructive amendment" rendering it defective.

Appellate Information

• Decided 05/23/2007
• Published 05/23/2007

Judges

• Before:  BOGGS, Chief Judge;  and DAUGHTREY and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant.  Kevin W. Kelley, Assistant United States Attorney, Columbus, Ohio, for Appellee.   ON BRIEF:  Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant.  Kevin W. Kelley, Salvador A. Dominguez, Columbus, Ohio, for Appellee.