No. 90-6276.

936 F.2d 227 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas M. KAPPES, III, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 29, 1991.

Rehearing Denied June 25, 1991.

Attorney(s) appearing for the Case

Frederick A. Stine, V, Asst. U.S. Atty. (argued), Office of U.S. Atty., Covington, Ky., for plaintiff-appellee.

Marshall C. Hunt, Jr. (argued), Cincinnati, Ohio, for defendant-appellant.

Before JONES and SUHRHEINRICH, Circuit Judges, and JOINER, Senior District Judge.

NATHANIEL R. JONES, Circuit Judge.

Defendant Thomas M. Kappes appeals his jury conviction for making false and fraudulent statements to the U.S. Labor Department. The principal issue on appeal relates to the district court's use of the "relevant conduct" provision of the U.S. Sentencing Guidelines to increase Kappes' sentence. As we find that the district court applied the relevant conduct provision too broadly, we reverse and remand for resentencing.


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