U.S. v. TATUM

No. 07-5733.

518 F.3d 369 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Terry Ann TATUM, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 5, 2008.


Attorney(s) appearing for the Case

ARGUED: M. Dianne Smothers, Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. Victor L. Ivy, Assistant United States Attorney, Jackson, Tennessee, for Appellee. ON BRIEF: M. Dianne Smothers, Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. Victor L. Ivy, Assistant United States Attorney, Jackson, Tennessee, for Appellee.

Before: KENNEDY, MARTIN, and COLE, Circuit Judges.


OPINION

R. GUY COLE, JR., Circuit Judge.

Defendant-Appellant Terry Ann Tatum pleaded guilty to ten counts of bank fraud in violation of 18 U.S.C. § 1344. She appeals the district court's application of the United States Sentencing Guideline § 3B1.3 sentencing enhancement. Because this Court finds that § 3B1.3 was erroneously applied, we VACATE the sentence and REMAND for resentencing.

I. BACKGROUND

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