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U.S. v. COUCH

Nos. 94-6641, 94-6642.

65 F.3d 542 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy M. COUCH (94-6641) and Phillip Rodney Myers (94-6642), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 19, 1995.

Attorney(s) appearing for the Case

Gary Humble and Gregg L. Sullivan (briefed), Asst. U.S. Attorneys, Office of the U.S. Attorney, Chattanooga, TN, for plaintiff-appellee.

Perry H. Piper (briefed), Federal Defender Services of Eastern Tennessee, Inc., Chattanooga, TN, for defendant-appellant.

Before: KEITH, KENNEDY, and SILER, Circuit Judges.

KENNEDY, Circuit Judge.

Defendants pled guilty to breaking into, and stealing property from, motor vehicles parked in Cherokee National Forest, in violation of 18 U.S.C. § 13, which assimilates state criminal law. Lacking a specific offense guideline under the United States Sentencing Guidelines, the District Court calculated the defendants' sentences under the burglary guideline. Defendants appeal their sentences, arguing that the court should have applied the...

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