United States v. Marsh, No. 22-5746 (6th Cir. 2024)
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In this case, the United States Court of Appeals for the Sixth Circuit considered an appeal by Herbert Marsh, who was convicted of various charges related to a robbery of a Nashville pawn shop. Marsh and two co-conspirators stole eleven firearms and over $8,000 in cash. Marsh challenged the denial of his motion to suppress evidence obtained from a traffic stop the day after the robbery, arguing the stop was based on a mistaken interpretation of Tennessee traffic law. The court held that the officers' interpretation was objectively reasonable and did not violate the Fourth Amendment, affirming the denial of Marsh's motion to suppress.
Marsh also argued that the calculation of his sentence was procedurally unreasonable. The court rejected Marsh's argument that the district court's calculations constituted double counting, finding that the district court’s factual findings fully supported holding Marsh accountable for his co-conspirator’s conduct through the base offense level and the enhancements. The court held that the base offense level and the three firearms enhancements penalized Marsh for distinct harms, so there was no impermissible double counting. Consequently, the court affirmed the judgment of the district court.
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