United States Sixth Circuit

When grouping offenses under U.S.S.G. section 3D1.3, the "most serious" offense shall be determined by looking to the offense levels of the competing counts within the group, not the statutory maximum penalties for the counts of conviction. A sentence for engaging in the life-endangering enterprise of making methamphetamine is affirmed where: 1) technical challenges to the manner of calculating his offense level under the U.S.S.G. were rejected; and 2) the district court did not rely on impermissible factors in formulating the sentence, which was both procedurally and substantively reasonable.

Appellate Information

• Decided 05/31/2007
• Published 05/31/2007

Judges

• Before:  MERRITT and GRIFFIN, Circuit Judges;  LAWSON, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael M. Losavio, Louisville, Kentucky, for Appellant.  Andrew Sparks, Assistant United States Attorney, Lexington, Kentucky, for Appellee.   ON BRIEF:  Michael M. Losavio, Louisville, Kentucky, for Appellant.  Andrew Sparks, Assistant United States Attorney, Lexington, Kentucky, for Appellee.