CORREA
v.
UNITED STATES

U.S. | 1993-12-06
No. 93-6669
510 U.S. 1019 Supreme Court of the United States (1993) Caution
Cited by 1 case
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  • United States v. Chastain, 198 F.3d 1338 (11th Cir. 1999)
    …The Ninth Circuit, previously confronted with interpreting § 2D1.1(b)(2), held that the intent to use a private plane was not enough to warrant the two-level enhancement. See United States v. Joelson, 7 F. 3d 174, 180 (9th Cir.1993) (cert. denied, 510 U.S. 1019, 114 S.Ct. 620, 126 L.Ed.2d 584). In Appellants’ case, there was clearly an attempt and a conspiracy, on which the district court relied in applying this enhancement. However, the plain language of the guideline that uses the past tense, viz “used…

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