United States Sixth Circuit

Defendants' sentences resulting from their robbery of rare books from a university's special collections library and attempts to sell them at auction are vacated and remanded for resentencing pursuant to the government's cross-appeal, where the district court erred by excluding objects dropped in a stairwell from its valuation of loss, and correspondingly, from its computation of the sentencing range.

Appellate Information

• Decided 02/05/2008
• Published 02/05/2008

Judges

• Before: RYAN, BATCHELDER, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Patrick F. Nash, Lexington, Kentucky, Michael R. Mazzoli, Cox & Mazzoli, Louisville, Kentucky, Fred E. Peters, Law Offices of Fred E. Peters, Lexington, Kentucky, Adele Burt Brown, Lexington, Kentucky, for Appellants.  Kevin R. Gingras, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Patrick F. Nash, Lexington, Kentucky, Michael R. Mazzoli, Cox & Mazzoli, Louisville, Kentucky, Fred E. Peters, John L. Tackett, Law Offices of Fred E. Peters, Lexington, Kentucky, Adele Burt Brown, Lexington, Kentucky, for Appellants.  Kevin R. Gingras, United States Department of Justice, Washington, D.C., Charles P. Wisdom, Jr., Assistant United States Attorney, Lexington, Kentucky, for Appellee.