U.S. v. GALLO

No. 98-4381.

195 F.3d 1278 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Merly GALLO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 17, 1999.


Attorney(s) appearing for the Case

Jeffrey D. Weinkle, Jeffrey D. Weinkle, P.A., Stacey A. Levine, Miami, FL, for Defendant-Appellant.

Phillip DiRosa, Lisa A. Hirsch, Miami, FL, for Plaintiff-Appellee.

Before ANDERSON, Chief Judge, MARCUS, Circuit Judge, and MILLS, Senior District Judge.


MARCUS, Circuit Judge:

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...

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