U.S. v. JOHN

No. 90-5052.

935 F.2d 644 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Leemunth Peter JOHN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 4, 1991.


Attorney(s) appearing for the Case

William Dupree Spence, Kinston, N.C., for defendant-appellant.

John Stuart Bruce, First Asst. U.S. Atty., argued (Margaret Person Currin, U.S. Atty., on brief), Raleigh, N.C., for plaintiff-appellee.

Before RUSSELL, HALL, and WILKINSON, Circuit Judges.


WILKINSON, Circuit Judge:

This case involves the question of whether and by what means a defendant's sentence may be enhanced under the United States Sentencing Guidelines due to that defendant's conduct during the course of an arrest. Because we are unable to assess on this record whether such an adjustment would be warranted in appellant's case, we remand for further findings.

I.

Leemunth Peter John pled guilty to one count of possession with intent...

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