United States Sixth Circuit

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US v. Woods, 07-5463

District court's imposition of a sentence of 108 months' imprisonment for a conviction on one count of manufacturing methamphetamine is vacated and remanded as, although the district court correctly applied an enhancement under the sentencing guidelines for reckless endangerment during flight, its finding that the possession of a firearm by a co-conspirator was reasonably foreseeable, by relying on an inference that if a drug conspiracy involves a "substantial" amount of drugs, a defendant should foresee that a co-conspirator is likely to possess firearms, is without evidentiary support and therefore clearly erroneous.

Appellate Information

  • Argued 03/11/2010
  • Decided 04/27/2010
  • Published 04/27/2010

Judges

  • Before KENNEDY, MOORE, and SUTTON, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:Charles Patrick Dupree, Law Office, Chattanooga, Tennessee, for Appellant. Mel Andrew Schwing, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee. ON BRIEF:Charles Patrick Dupree, Law Office, Chattanooga, Tennessee, for Appellant. Scott A. Winne, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.