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U.S. v. WOODS

No. 07-5463.

604 F.3d 286 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Franklin WOODS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 27, 2010.

Attorney(s) appearing for the Case

ARGUED: Charles Patrick Dupree, Law Office, Chattanooga, Tennessee, for Appellant. Mel Andrew Schwing, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee. ON BRIEF: Charles Patrick Dupree, Law Office, Chattanooga, Tennessee, for Appellant. Scott A. Winne, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.

Before: KENNEDY, MOORE, and SUTTON, Circuit Judges.

OPINION

KENNEDY, Circuit Judge.

Defendant appeals his sentence of 108 months imprisonment for his conviction on one count of manufacturing methamphetamine. We AFFIRM the district court's application of an enhancement under the sentencing guidelines for reckless endangerment during flight. However, because the district court's finding that the possession of a firearm by a co-conspirator was reasonably foreseeable is without evidentiary support and therefore...

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