U.S. v. Rucker, No. 98-3252 (10th Cir.) (178 F.3d 1369) (June 9, 1999) (Judge Robert H. Henry)
In a detailed analysis of the standards for determining what constitutes impermissible double counting, the Court held that separate enhancements for "otherwise using" a firearm and for physical restraint of victims were not improper.
This case contains one of the clearest analyses we have seen of the factors that should …
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