United States v. Peter Michael Dixon

NELSON, J. (pp. 136-37), delivered a separate dissenting opinion.

CONTIE, Circuit Judge.

Peter Michael Dixon (“Dixon”) appeals the district court’s imposition of a two-level enhancement for victim vulnerability pursuant to U.S.S.G. § 3A1.1. We vacate Dixon’s sentence and remand this action to the district court for resentencing for the following reasons.

I

On October 6, 1993, a federal grand jury charged defendant-appellant Dixon with “pass[ing], utter[ing] and publishing] as true a Treasury Cheek of the United States bearing the falsely made and forged endorsement ‘Cecil Brown’” in violation of…