United States Sixth Circuit

A sentence pursuant to a guilty plea to money laundering is vacated and remanded for resentencing where: 1) application of section 2S1.1(a)(1) of the Sentencing Guidelines was proper since the court properly determined that defendant participated in the drug conspiracy, and the drug quantity for which defendant was held responsible was ascertainable; 2) the court erred by not applying the specific offense characteristics of section 2D1.1(b); 3) the district court was correct in applying the specific offense characteristics in section 2S1.1(b); 4) the district court erred in providing a four level reduction pursuant to section 3B1.2(a); and 5) the sentencing mistake was not harmless error, and it is unclear whether an error in determining the Guidelines recommendation can ever be considered harmless error.

Appellate Information

• Decided 05/27/2008
• Published 05/27/2008

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Bryan H. Hoss, Davis & Hoss, Chattanooga, Tennessee, for Appellant.  Scott A. Winne, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.   ON BRIEF:  Bryan H. Hoss, Davis & Hoss, Chattanooga, Tennessee, for Appellant.  Gregg L. Sullivan, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.