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eBook details

• Title: United States V. Gallo
• Author : Eleventh Circuit U.S. Court of Appeals
• Release Date : January 17, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Merly Gallo appeals her 92-month sentence for conspiring to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846. The sole issue she raises on appeal concerns whether the district court properly enhanced her sentence two points for possession of a firearm by her co-conspirators under § 2D1.1(b)(1) of the United States Sentencing Guidelines. Because we hold that a § 2D1.1(b)(1) enhancement requires a factual finding of reasonable foreseeability, we vacate Defendant's sentence, and remand to the district court to determine whether Gallo could reasonably foresee that her co-conspirators would possess firearms in furtherance of a jointly undertaken narcotics transaction.

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