USA v. Michael Kilgore

Filing

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.

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