United States v. Lameisha Anderson

MERRITT, J. (pp. 618-19), delivered a separate concurring opinion.

OPINION

MERRITT, Circuit Judge.

The primary question in this sentencing appeal is whether the defendant, Lameisha Anderson, had the requisite intent to be held responsible for the murder of Sharon Duran by Jamal Shakir under the “murder cross-reference” enhancement of U.S.S.G. § 201.1(d).1

The government argues that under the “relevant conduct” section of the guidelines, U.S.S.G. § 1B1.3(a)(1)(B),2 it need only prove that the possibility of the murder was “reasonably foreseeable,” not that Anderson had knowledge that Shakir…