United States DC Circuit

Sentence for operating a crack house and possession of a firearm by a felon is remanded where the district court possibly erred in calculating the defendant's base offense level since there were no findings in the record to support the government's assertion that defendant participated in the underlying drug offense.

Appellate Information

• Decided 01/16/2009
• Published 01/16/2009

Judges

• Before:  BROWN, Circuit Judge, and EDWARDS and SILBERMAN, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Beverly G. Dyer, Assistant Federal Public Defender, argued the cause for appellant.   With her on the briefs was A.J. Kramer, Federal Public Defender.


• For Appellees:
  
• Kristina L. Ament, Assistant U.S. Attorney, argued the cause for appellee.   On the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese III and Elizabeth H. Danello, Assistant U.S. Attorneys.