United States v. White
Court of Appeals for the Sixth Circuit
1Opinion of the Court
COOK, J., delivered the opinion of the court, in which BOGGS, C.J., BATCHELDER, GILMAN, GIBBONS, ROGERS, SUTTON, McKEAGUE, and GRIFFIN, JJ., joined. MERRITT, J. (pp. *382386-97), delivered a separate dissenting-opinion, in which MARTIN, DAUGHTREY, MOORE, COLE, and CLAY, JJ., joined.
OPINION
COOK, Circuit Judge.
This is a sentencing appeal. When a jury convicted Roger Clayton White of two counts, but acquitted him of others, the district court looked to conduct underlying the acquitted counts to enhance White’s offense level under the Sentencing Guidelines. White questions whether this practice…
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