USA v. Michael Kilgore


OPINION and JUDGMENT filed: The district court's imposition of a four-level enchancement is REVERSED, and the case is REMANDED for resentencing proceedings. Decision for publication. Gilbert S. Merritt (AUTHORING), Karen Nelson Moore, and Eric L. Clay, Circuit Judges.

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Case: 13-5623 Document: 39-3 Filed: 04/15/2014 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED No. 13-5623 Apr 15, 2014 UNITED STATES OF AMERICA, Plaintiff - Appellee, DEBORAH S. HUNT, Clerk v. MICHAEL KILGORE, Defendant - Appellant. Before: MERRITT, MOORE, and CLAY, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Eastern District of Tennessee at Chattanooga. THIS CAUSE was heard on the record from the district court and was submitted on the briefs without oral argument. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s imposition of a four-level enhancement is REVERSED, and the case is REMANDED for resentencing proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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