The Sixth Circuit Court of Appeals erroneously granted the Government's Motion to Dismiss and refused to address whether the trial court calculated the petitioner's guideline range correctly when it erroneously applied a base level of 34 points instead of the initially calculated base level of 14 points based on Section 2X1.1 of the USSG and refused to review the issue of whether the petitioner's sentencing guidelines should have been reduced by two points for his role as a minor participant.

Whether the trial court calculated the petitioner's guideline range correctly