U.S. v. Kimbrough, No. 94-10088 (5th Cir.) (69 F.3d 723) (November 9, 1995) (Judge Edward C. Prado)
Court emphatically rejected Government's argument that because the court had grouped the offenses charged in the indictment under USSG § 3D1.2, it removed any danger of multiple punishments.
This is a rare example of a court holding that two counts were multiplicitous - i.e., the indictment charged a single offense …
Full article and associated cases available to subscribers.
As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.
Already a subscriber? Login