U.S. v. Smith, No. 98-5957 (6th Cir.) (196 F.3d 676) (November 20, 1999) (Judge Alice M. Batchelder)
Here court vacated a sentencing enhancement under USSG § 2K2.1(b)(5) on the grounds that it constituted impermissible double counting since a firearm possession under 18 USC § 922(g) is an "underlying offense" of a § 924(c) conviction.
In this case the defendant pled guilty to Smith pled guilty to the ...
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