Nos. 00-4365, 00-5416.

265 F.3d 353 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Kelli O'MALLEY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 6, 2001.

Attorney(s) appearing for the Case

Ralph William Kohnen (argued), Asst. U.S. Atty., Cincinnati, OH, Charles P. Wisdom, Jr. (briefed), Asst. U.S. Atty., Kenneth R. Taylor (briefed), Asst. U.S. Atty., Lexington, KY, for Plaintiff-Appellee.

Joseph D. Heyd, General Elec. Aircraft Engines, Legal Operations, Cincinnati, OH, John K. West (briefed), McCoy & West, Lexington, KY, for Defendant-Appellant.

Before SILER and GILMAN, Circuit Judges; DONALD, District Judge.


DONALD, District Judge.

Defendant Kelli O'Malley ("O'Malley") appeals the district court's determination of her base offense level for her participation as a driver in a gun-stealing ring. One of the guns her coconspirators stole from a gun shop was an illegal semi-automatic assault weapon. The district court used the theft of the illegal firearm in calculating O'Malley's base offense level. O'Malley contends that the district court erred in finding...

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