United States Sixth Circuit

Defendant's drug conspiracy conviction is affirmed, where there was extensive evidence of Defendant's agreement to collect a drug debt. Sentence is vacated, where the District Court erred by sentencing Defendant based on the drug quantity alleged in the indictment as opposed to the quantity the court determined that Defendant possessed.

Appellate Information

• Decided 05/21/2009
• Published 05/21/2009

Judges

• Before:  SUHRHEINRICH, GRIFFIN, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Andrew P. Avellano, Columbus, Ohio, for Appellant.   Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.   ON BRIEF:  Andrew P. Avellano, Columbus, Ohio, for Appellant.  Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, Dwight K. Keller, Assistant United States Attorney, Dayton, Ohio, for Appellee.