U.S. v. HAYES

No. 96-6018.

135 F.3d 435 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Eric HAYES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 4, 1998.


Attorney(s) appearing for the Case

Paul W. Laymon, Jr. (argued and briefed), Office of the U.S. Attorney, Chattanooga, Tennessee, for Plaintiff-Appellee.

Deirdra J. Brown (argued and briefed), Federal Defender Services of Eastern Tennessee, Inc., Chattanooga, Tennessee, for Defendant-Appellant.

Before: MARTIN, Chief Judge; KENNEDY and BATCHELDER, Circuit Judges.


OPINION

KENNEDY, Circuit Judge.

Defendant, Mark Eric Hayes, pleaded guilty to two counts of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841, and pleaded no contest to knowingly and forcibly assaulting a law enforcement officer while in the pursuit of his official duties, in violation of 18 U.S.C. § 111. On appeal, defendant claims the District Court committed improper double counting when it applied a two-level enhancement...

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