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U.S. v. Ortiz, No. 95-1015 (1st Cir.) (64 F.3d 18) (September 7, 1995) (Judge Juan R. Torruella)

Case held that double counting is proper "if it is clearly intended by the [Sentencing] Commission and the same factor 'reflects both the seriousness of an offense and the likelihood of a particular defendant's recidivism'." (Id., at 21).

 

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