United States Sixth Circuit

Defendants' sentences for their roles in a Detroit-based conspiracy to possess and distribute at least 100,000 Ecstacy pills are affirmed over their claims that the district court: 1) used an incorrect version of the Guidelines; 2) improperly extrapolated the total weight of the Ecstacy pills from the actual weight of a smaller number of pills actually recovered; 3) denied them the opportunity to personally address the court at their resentencing hearings; 4) violated Apprendi; 5) failed to apply a reduction to one defendant's base offense level for acceptance of responsibility; 6) did not inquire at resentencing into whether he and his attorney had opportunity to review PSR; and 7) improperly held other defendant responsible for the 100,000 pills of Ecstacy and increased her base offense level.

Appellate Information

• Decided 04/04/2008
• Published 04/04/2008

Judges

• Before MERRITT, GILMAN, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joan E. Morgan, Sylvan Lake, Michigan, Andrew N. Wise, Federal Defender Office, Detroit, Michigan, for Appellants.  Carl D. Gilmer-Hill, ASsistant United States Attorney, Detroit, Michigan, for Appellee.   ON BRIEF:  Joan E. Morgan, Sylvan Lake, Michigan, Andrew N. Wise, Federal Defender Office, Detroit, Michigan, for Appellants.  Carl D. Gilmer-Hill, Assistant United States Attorney, Detroit, Michigan, for Appellee.