United States Sixth Circuit

Despite the panel's intent to reverse defendant's 14-year-upward adjustment based specifically on conduct for which the jury had acquitted the defendant, the sentence is instead affirmed as, despite the agreement of the majority of the panel members in this case to the contrary, another panel had reached the opposite conclusion on the same issue in US v. Mendez, ____ F.3d ____, 2007 WL 2316498 (6th Cir., Aug. 15, 2007). Counsel is urged to seek en banc rehearing.

Appellate Information

• Decided 10/05/2007
• Published 10/05/2007

Judges

• Before:  BOGGS, Chief Judge;  MERRITT, MARTIN, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant.  Nina Goodman, United States Department of Justice, Washington, D.C., for Appellee.  Douglas A. Berman, The Ohio State University, Moritz College of Law, Columbus, Ohio, for Amicus Curiae. ON BRIEF:  Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant.  Charles P. Wisdom, Jr., Andrew Sparks, Assistant United States Attorneys, Lexington, Kentucky, Nina Goodman, United States Department of Justice, Washington, D.C., for Appellee.  Douglas A. Berman, The Ohio State University, Moritz College of Law, Columbus, Ohio, Mark D. Harris, Jeffery A. Gross, Anna G. Kaminska, Proskauer Rose LLP, New York, New York, for Amicus Curiae.