U.S. v. Flinn, No. 93-2200 (10th Cir.) (18 F.3d 826) (February 16, 1994) (Judge Bobby R. Baldock)
Case held that impermissible double counting occurs when the same conduct is used to support separate increases under separate enhancement provisions which necessarily overlap, are indistinct, and serve identical purposes (Id., at 829).
The Court held: "We reject Defendant's claim that the court double counted because it increased Defendant's offense …
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