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U.S. v. CATCHINGS

Nos. 11-6303, 11-6305.

708 F.3d 710 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest CATCHINGS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 15, 2013.

Attorney(s) appearing for the Case

ARGUED: Christian J. Grostic , Kushner & Hamed Co., L.P.A, Cleveland, Ohio, for Appellant in Cases 11-6303 and 11-6305. Stephen P. Hall , United States Attorney's Office, Memphis, Tennessee, for Appellee. ON BRIEF: Christian J. Grostic , Kushner & Hamed Co., L.P.A, Cleveland, Ohio, for Appellant in Case 11-6305. Stephen P. Hall , United States Attorney's Office, Memphis, Tennessee, for Appellee. Ernest Catchings, Memphis, Tennessee, pro se, in Case 11-6303.

Before: MOORE and COOK, Circuit Judges; BERTELSMAN, District Judge.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Relevant conduct under United States Sentencing Guidelines (U.S.S.G.) § 1B1.3 must be criminal conduct. If not, such conduct is not relevant for the purpose of calculating a defendant's Guidelines range. In this appeal, we consider whether the district court included non-criminal conduct as relevant conduct when it sentenced defendant-appellant, Ernest Catchings.

Catchings pleaded guilty to one count...

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