United States Sixth Circuit

In a prosecution of defendant for being a felon in possession of ammunition, district court's application of a four-level enhancement for possessing 23 rounds of live ammunition and the government's refusal to make a motion for a third-level of reduction for acceptance of responsibility during defendant's sentencing are affirmed where: 1) based upon an application of the "fortress theory" and a plain reading of U.S.S.G. section 2K2.1(b)(6) and Application Note 14(A), the four-level enhancement given to defendant was legally correct; and 2) there was no error by the district court, let alone a "plain error" in denying defendant the third-level of a three-level reduction for acceptance of responsibility as the government, in good faith, had reason to believe that defendant had not accepted responsibility.

Appellate Information

• Argued 10/20/2010
• Decided 12/10/2010
• Published 12/10/2010

Judges

• ROSE

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Tyrone Jemal Paylor, Daniel T. French