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U.S. v. Vizcarra, No. 09-1174 (7th Cir.) (668 F.3d 516) (February 7, 2012) (Judge Diane S. Sykes)
Article • April 16, 2012 • from P&J April, 2012
Filed under: Punch And Jurists, When Permitted
U.S. v. Vizcarra, No. 09-1174 (7th Cir.) (668 F.3d 516) (February 7, 2012) (Judge Diane S. Sykes) by Anyone who wants a refresher course on the law relating to “double counting” under the Guidelines should read this decision. It contains not only a detailed explanation of a major change in …
U.S. v. Reyes, No. 06-3699-cr (2nd Cir.) (557 F.3d 84) (February 19, 2009) (Per Curiam)
Article • March 1, 2009 • from P&J April, 2009
Filed under: Punch And Jurists, Double Counting
U.S. v. Reyes, No. 06-3699-cr (2nd Cir.) (557 F.3d 84) (February 19, 2009) (Per Curiam) by Sentence for assault in aid of racketeering activity is upheld where the district court did not engage in impermissible "double counting" of a sentencing factor when it departed upward from the recommended statutory sentencing …
U.S. v. Schmeilski, No. 04-2014 (7th Cir.) (408 F.3d 917) (May 25, 2005) (Judge Ann Claire Williams)
Article • June 1, 2005 • from P&J June, 2005
Filed under: Punch And Jurists, Double Counting
U.S. v. Schmeilski, No. 04-2014 (7th Cir.) (408 F.3d 917) (May 25, 2005) (Judge Ann Claire Williams) by "Improper double counting occurs 'when a district court imposes two or more upward adjustments within the same guidelines range, when both are premised on the same conduct.' United States v. Haines, 32 …
U.S. v. Howard, No. 02-1024 (7th Cir.) (352 F.3d 332) (December 12, 2003) (Judge Kenneth F. Ripple)
Article • January 1, 2004 • from P&J January, 2004
Filed under: Punch And Jurists, Double Counting
U.S. v. Howard, No. 02-1024 (7th Cir.) (352 F.3d 332) (December 12, 2003) (Judge Kenneth F. Ripple) by U.S. v. Howard, 352 F.3d 332 (7th Cir. 2003) (Judge Ripple) U.S. v. Alcala, 352 F.3d 1153 (7th Cir. 2003) (Judge Ripple) These two cases addressed some of the highly complex sentencing …
U.S. v. Alcala, No. 02-2283 (7th Cir.) (352 F.3d 1153) (December 9, 2003) (Judge Kenneth F. Ripple)
Article • January 1, 2004 • from P&J January, 2004
Filed under: Punch And Jurists, Double Counting
U.S. v. Alcala, No. 02-2283 (7th Cir.) (352 F.3d 1153) (December 9, 2003) (Judge Kenneth F. Ripple) by U.S. v. Howard, 352 F.3d 332 (7th Cir. 2003) (Judge Ripple) U.S. v. Alcala, 352 F.3d 1153 (7th Cir. 2003) (Judge Ripple) These two cases addressed some of the highly complex sentencing …
U.S. v. Brown, No. 01-16881 (11th Cir.) (332 F.3d 1341) (June 5, 2003) (Judge Stanley F. Jr. Birch)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Double Counting
U.S. v. Brown, No. 01-16881 (11th Cir.) (332 F.3d 1341) (June 5, 2003) (Judge Stanley F. Jr. Birch) by The defendant in this case appealed from an order of the District Court that denied his motion to modify his sentence, brought pursuant to 18 U.S.C.S. § 3582(c)(2). At issue was …
U.S. v. John, No. 01-60721 (5th Cir.) (309 F.3d 298) (October 7, 2002) (Judge Jerry E. Smith)
Article • November 1, 2002 • from P&J November, 2002
Filed under: Punch And Jurists, Double Counting
U.S. v. John, No. 01-60721 (5th Cir.) (309 F.3d 298) (October 7, 2002) (Judge Jerry E. Smith) by Here the Court held that the district court engaged in impermissible double-counting when it enhanced defendant's sentence because of the victim's age - since the age was already factored into the statutes …
U.S. v. Jackson, No. 01-10396 (11th Cir.) (276 F.3d 1231) (December 21, 2001) (Judge Phyllis A. Kravitch)
Article • February 1, 2002 • from P&J February, 2002
Filed under: Punch And Jurists, Double Counting
U.S. v. Jackson, No. 01-10396 (11th Cir.) (276 F.3d 1231) (December 21, 2001) (Judge Phyllis A. Kravitch) by In this case he defendant was charged with resisting arrest following a traffic violation, and one of the specific charges was the possession of a weapon by a convicted felon. At sentencing, …
U.S. v. Humber, No. 00-11054 (11th Cir.) (255 F.3d 1308) (July 5, 2001) (Judge James C. Hill)
Article • August 1, 2001 • from P&J August, 2001
Filed under: Punch And Jurists, Double Counting
U.S. v. Humber, No. 00-11054 (11th Cir.) (255 F.3d 1308) (July 5, 2001) (Judge James C. Hill) by As explained by the Court, this appeal presented "a simple question of first impression in this circuit and apparently all others under the sentencing guidelines: can a defendant who pleads guilty to …
U.S. v. Levy, No. 00-3170 (6th Cir.) (250 F.3d 1015) (May 22, 2001) (Judge Eugene E. Jr. Siler)
Article • June 1, 2001 • from P&J June, 2001
Filed under: Punch And Jurists, Double Counting
U.S. v. Levy, No. 00-3170 (6th Cir.) (250 F.3d 1015) (May 22, 2001) (Judge Eugene E. Jr. Siler) by Here the Court held that there was no impermissible double counting when the district court imposed upward departures based on USSG § 5K2.2 (physical injury) and § 5K2.8 (extreme conduct) since …
U.S. v. Coe, No. 99-3627 (7th Cir.) (220 F.3d 573) (July 18, 2000) (Judge Joel L. Flaum)
Article • September 1, 2000 • from P&J September, 2000
Filed under: Punch And Jurists, Double Counting
U.S. v. Coe, No. 99-3627 (7th Cir.) (220 F.3d 573) (July 18, 2000) (Judge Joel L. Flaum) by The defendants in this case pled guilty to various crimes arising out of a mail and wire fraud scheme which targeted persons over the age of 55. The victims were told that …
U.S. v. Farrow, No. 98-4057 (6th Cir.) (198 F.3d 179) (December 8, 1999) (Judge Gerald E. Rosen)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Punch And Jurists, Double Counting
U.S. v. Farrow, No. 98-4057 (6th Cir.) (198 F.3d 179) (December 8, 1999) (Judge Gerald E. Rosen) by Here the Court held that the district court had impermissibly "double counted" by relying on the same conduct (defendant's use of his car as a dangerous weaon) in determining that he committed …
U.S. v. Smith, No. 98-5957 (6th Cir.) (196 F.3d 676) (November 20, 1999) (Judge Alice M. Batchelder)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Punch And Jurists, Double Counting
U.S. v. Smith, No. 98-5957 (6th Cir.) (196 F.3d 676) (November 20, 1999) (Judge Alice M. Batchelder) by 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" …
U.S. v. Matos-Rodriguez, No. 98-4741 (11th Cir.) (188 F.3d 1300) (September 17, 1999) (Judge C. Lynwood Jr. Smith)
Article • October 1, 1999 • from P&J October, 1999
Filed under: Punch And Jurists, Double Counting
U.S. v. Matos-Rodriguez, No. 98-4741 (11th Cir.) (188 F.3d 1300) (September 17, 1999) (Judge C. Lynwood Jr. Smith) by Here, the defendant relied primarily on U.S. v. Sloley, 19 F.3d 149, 154 (4th Cir. 1994), where that Court stated that "[i]f both § 3A1.2(b) and § 3C1.2 apply to a …
U.S. v. Hawkins, No. 98-3318 (8th Cir.) (181 F.3d 911) (June 28, 1999) (Judge David R. Hansen)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Double Counting
U.S. v. Hawkins, No. 98-3318 (8th Cir.) (181 F.3d 911) (June 28, 1999) (Judge David R. Hansen) by In a case of first impression, the Court held that it was not impermissible double counting to apply the enhancement contained in USSG § 2K2.1(b)(4) after the defendant's base offense level had …
U.S. v. Rucker, No. 98-3252 (10th Cir.) (178 F.3d 1369) (June 9, 1999) (Judge Robert H. Henry)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Double Counting
U.S. v. Rucker, No. 98-3252 (10th Cir.) (178 F.3d 1369) (June 9, 1999) (Judge Robert H. Henry) by 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 …
U.S. v. Brown, No. 98-1707 (1st Cir.) (169 F.3d 89) (March 3, 1999) (Judge Juan R. Torruella)
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Double Counting
U.S. v. Brown, No. 98-1707 (1st Cir.) (169 F.3d 89) (March 3, 1999) (Judge Juan R. Torruella) by United States v. Brown, 169 F.3d 89 (1st Cir. 1999) United States v. Turnipseed, 159 F.3d 383 (9th Cir. 1998) In both of these cases, the Courts rejected defendants' claims that the …
U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener)
Article • March 1, 1999 • from P&J March, 1999
Filed under: Punch And Jurists, Double Counting
U.S. v. Luna, No. 97-41265 (5th Cir.) (165 F.3d 316) (January 15, 1999) (Judge Jacques L. Jr. Wiener) by In 1996 the defendant in this case burglarized a residence in Corpus Christi, Texas and stole five firearms. He was charged with knowingly possessing five stolen firearms that had been shipped …
U.S. v. Earvin, No. 98-CR-0069 (E.D.Wisc.) (29 F.Supp.2d 962) (November 5, 1998) (Judge Lynn S. Adelman)
Article • February 1, 1999 • from P&J February, 1999
Filed under: Punch And Jurists, Double Counting
U.S. v. Earvin, No. 98-CR-0069 (E.D.Wisc.) (29 F.Supp.2d 962) (November 5, 1998) (Judge Lynn S. Adelman) by Once again, Judge Adelman has used logic and legal precedent - not social policy and political imperatives - to rule on a controversial issue: whether the imposition of both a 4-level enhancement, under …
U.S. v. Turnipseed, No. 97-30327 (9th Cir.) (159 F.3d 383) (October 20, 1998) (Judge Susan P. Graber)
Article • December 1, 1998 • from P&J December, 1998
Filed under: Punch And Jurists, Double Counting
U.S. v. Turnipseed, No. 97-30327 (9th Cir.) (159 F.3d 383) (October 20, 1998) (Judge Susan P. Graber) by Here the Court rejected the defendant's claim that the district court had improperly double counted the stolen nature of the firearm first by calculating the offense level under § 2K2.1 and then …
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