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U.S. v. Miller, No. 94-0419 (PLF) (D.D.C.) (901 F.Supp. 371) (September 15, 1995) (Judge Paul L. Friedman)

Article • December 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Miller, No. 94-0419 (PLF) (D.D.C.) (901 F.Supp. 371) (September 15, 1995) (Judge Paul L. Friedman) by Case held that it is not impermissible double counting to impose a two-level enhancement for abuse of position of trust [under § 3B1.3] as well as for "more than minimal planning" [under …

U.S. v. Stevenson, No. 92-9287 (11th Cir.) (68 F.3d 1292) (November 15, 1995) (Per Curiam)

Article • December 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Stevenson, No. 92-9287 (11th Cir.) (68 F.3d 1292) (November 15, 1995) (Per Curiam) by The 11th Circuit joins the majority of Circuits by holding that it is not improper double counting to enhance a defendant's sentence both for "more than minimal planning" under § 2F1.1 (b)(2)(A) and for …

U.S. v. Camper, No. 94-50197 (9th Cir.) (66 F.3d 229) (September 18, 1995) (Judge Michael R. Hogan)

Article • October 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Camper, No. 94-50197 (9th Cir.) (66 F.3d 229) (September 18, 1995) (Judge Michael R. Hogan) by Citing its earlier decision in United States v. Kelly, 993 F.3d 702, 704 (9th Cir. 1993), the 9th Circuit again confirms that it is not impermissible double counting to give a defendant …

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

Article • October 1, 1995

Filed under: Punch And Jurists, Double Counting

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

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple)

Article • July 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Mohammad, No. 93-2837 (7th Cir.) (53 F.3d 1426) (April 27, 1995) (Judge Kenneth F. Ripple) by Here the Court held that it was not improper double counting to increase a sentence both for a leadership role under § 3B1.1 and under § 2F1.1(b)(4)(B) - formerlly codified at § …

U.S. v. Then, No. 94-1485 (2nd Cir.) (56 F.3d 464) (June 5, 1995) (Judge Frank X. Altimari)

Article • July 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Then, No. 94-1485 (2nd Cir.) (56 F.3d 464) (June 5, 1995) (Judge Frank X. Altimari) by A double-counting case under the Guidelines that holds that a court "does not engage in impermissible double counting when it considers a single act that 'is relevant to two dimensions of the …

U.S. v. King, No. 94-1556 (6th Cir.) (55 F.3d 1193) (June 5, 1995) (Judge William O. Bertelsman)

Article • July 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. King, No. 94-1556 (6th Cir.) (55 F.3d 1193) (June 5, 1995) (Judge William O. Bertelsman) by Case held that there is no double counting when a court enhances a sentence based on the leader or organizer provisions in § 3B1.1(c) as well as on a finding that multiple …

U.S. v. Michalek, No. 94-1450 (7th Cir.) (54 F.3d 325) (April 26, 1995) (Judge Kenneth F. Ripple)

Article • July 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Michalek, No. 94-1450 (7th Cir.) (54 F.3d 325) (April 26, 1995) (Judge Kenneth F. Ripple) by Court rejected contention that enhancements for more than minimal planning under § 2F1.1(b)(2) and aggravating role under § 3B1.1 constituted impermissible double counting. There is a good listing, at 14 on page …

U.S. v. Greenfield, No. 94-1001 (2nd Cir.) (44 F.3d 1141) (June 13, 1995) (Judge Guido Calabresi)

Article • March 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Greenfield, No. 94-1001 (2nd Cir.) (44 F.3d 1141) (June 13, 1995) (Judge Guido Calabresi) by This credit card fraud case discusses the relationship between sentencing enhancements for a leadership (under § 3B1.1 of the Guidelines) and an enhancement for "more than minimal planning" (under § 2F1.1 (b)(2)). The …

U.S. v. Rodriguez, No. 94-1858 (1st Cir.) (63 F.3d 1159) (August 25, 1995) (Judge Sandra L. Lynch)

Article • January 1, 1995

Filed under: Punch And Jurists, Double Counting

U.S. v. Rodriguez, No. 94-1858 (1st Cir.) (63 F.3d 1159) (August 25, 1995) (Judge Sandra L. Lynch) by Here the Court held that it was not improper double counting to increase a defendant's sentence both for a leadership-role enhancement and by upwardly departing, both based on the unusually high purity …

U.S. v. Flinn, No. 93-2200 (10th Cir.) (18 F.3d 826) (February 16, 1994) (Judge Bobby R. Baldock)

Article • January 1, 1994

Filed under: Punch And Jurists, Double Counting

U.S. v. Flinn, No. 93-2200 (10th Cir.) (18 F.3d 826) (February 16, 1994) (Judge Bobby R. Baldock) by 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 …

U.S. v. Vincent, No. 93-1910 (6th Cir.) (20 F.3d 229) (March 31, 1994) (Judge H. Ted Milburn)

Article • January 1, 1994

Filed under: Punch And Jurists, Double Counting

U.S. v. Vincent, No. 93-1910 (6th Cir.) (20 F.3d 229) (March 31, 1994) (Judge H. Ted Milburn) by "Section 2K2.4(a) of the Guidelines provides that where, as here, a defendant is convicted for unlawful use and carrying of a firearm during and in relation to a drug trafficking crime, the …

U.S. v. Harris, No. 94-1566 (7th Cir.) (41 F.3d 1121) (November 29, 1994) (Judge Robert A. Grant)

Article • January 1, 1994

Filed under: Punch And Jurists, Double Counting

U.S. v. Harris, No. 94-1566 (7th Cir.) (41 F.3d 1121) (November 29, 1994) (Judge Robert A. Grant) by While court approved enhancements under §§ 2B1.1 and 3B1.1, it also held that double counting is permissible unless expressly excluded by the Guidelines or unless "a compelling basis exists for implying such …