(Download) "United States V. Vandeberg" by Sixth Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: United States V. Vandeberg
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 14, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Defendant-Appellant Jesse James Vandeberg pled guilty to conspiracy to transport stolen property interstate, a violation of 18 U.S.C. § 371, and to interstate transportation of stolen property, a violation of 18 U.S.C. § 2314. Vandeberg appeals his sentence, arguing that the District Court erred by *fn1 applying a two-level enhancement to his base offense level pursuant to United States Sentencing Guideline § 3B1.1(c), and *fn2 failing to conduct a restitution hearing within 90 days of his sentencing date. For the reasons that follow, we conclude that the District Court's faulty restitution procedures amounted to harmless error, but that the decision to enhance Vandeberg's offense level was both erroneous and potentially harmful to his sentence. Accordingly, we REVERSE the District Court's decision to apply the § 3B1.1(c) enhancement and REMAND for resentencing.