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U.S. v. RETTELLE

No. 97-1928.

165 F.3d 489 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Lisa RETTELLE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 22, 1999.

Attorney(s) appearing for the Case

Robert J. Dunn (argued and briefed), Bay City, MI, for Appellant.

Janet L. Parker (argued and briefed), Office of the U.S. Attorney, Bay City, MI, for Appellee.

Before: BATCHELDER and MOORE, Circuit Judges; OLIVER, District Judge.

OPINION

MOORE, Circuit Judge.

Lisa Rettelle appeals the sentence imposed after she pleaded guilty to manufacturing marijuana. Because the district court erred by relying on drug activity that was not part of the offense of conviction to conclude that Rettelle was subject to a statutory minimum sentence, we VACATE the sentence and REMAND this case for resentencing.

I. BACKGROUND

On May 11, 1993, Michigan authorities...

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