Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, December 20, 2006

Kinard: Anhydrous Ammonia enhancement vacated

In U.S. v. Kinard, No. 06-10043 (Dec. 20, 2006), the Court (Anderson, Barkett, Goldberg. b.d.) reversed a sentence enhancement for defendants convicted manufacture of amphetamine. The enhancement was based on the defendants’ discharge of anhydrous ammonia. However, the applicable Guideline provided for an enhancement only where one of four specified federal environmental statutes were violated. Here, no violation of any of these statutes was established by the government. Accordinly, the Court vacated the enhancement.