Opinion

United States v. Anderson

  • 526 F.3d 319
  • 2008 U.S. App. LEXIS 11232
  • 2008 WL 2167229
Court
Court of Appeals for the Sixth Circuit
Filed
May 27, 2008
Status
Published
Author
Batchelder
On the bench
Kennedy, Batchelder, Griffin
Cited by
77 cases
Authority
More cited than 5.4%

holding that application of § 2S1.1(a)(1) was appropriate where the drug quantity was unknown because the defendant was involved in the drug conspiracy, and the quantity of drugs for which the defendant was responsible could be approximated

How later courts described this case

  • holding that application of § 2S1.1(a)(1) was appropriate where the drug quantity was unknown because the defendant was involved in the drug conspiracy, and the quantity of drugs for which the defendant was responsible could be approximated
  • rejecting government’s argument that a district court’s misapplication of the Guidelines was harmless where the district court stated that it “ha[d] also determined that this would be the appropriate sentence and the sentence the Court would have imposed even had the Court determined that a different sentencing guideline range applied than the one the Court found applicable”
  • affirming use of drug-conspiracy guideline to calculate base offense level because although there was “no evidence that [defendant] personally sold narcotics, her conduct did further the drug conspiracy to sell the narcotics and she was, therefore, responsible for the drug conspiracy”
  • determining defendant’s involvement in the drug conspiracy and the amount of drugs she “could have reasonably foreseen” for setting her base offense level on her money laundering charge

Written by the judges who cited it.

The opinion

ALICE M. BATCHELDER, Circuit Judge,

concurring.

I write separately only to emphasize that we are not now holding, nor have we ever held, that an error in calculating the advisory Guidelines range can never be harmless. See United States v. Hazelwood, 398 F.3d 792, 801 (6th Cir.2005).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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