United States v. Lawracy

No. 99-15212 (254 F.3d 73) (11th Cir. May 1, 2001)

ELR Digest

The court upholds an individual's conviction for the illegal smuggling and trade of endangered tortoises, but vacates and remands the individual's sentence. The court first affirms the individual's conviction. Despite the individual's claims of innocence, ample evidence in the record supports his conviction. The court, however, then vacates the individual's sentence and remands the case for resentencing. In applying a five-level sentencing enhancement based on a valuation of the animals involved in the offense, the district court stated that it was sustaining the individuals' objections to the valuation calculation, but it failed to specify which of the individual's objections had merit. Thus, it is impossible for the court to conduct a meaningful review. On remand, the district court must specify which objections it deems to have merit and must identify and valuate the animals relied on to enhance the individual's sentence.

The full text of this decision is available from ELR (4 pp., ELR Order No. L-371).

[Counsel not available at this printing.]

[31 ELR 20618]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]