Winning Daily Decision

Monday, October 23, 2006

Double Counting

US v. Duckro (10/18/06 - No. 05-3379, 05-3381)
A sentence for theft of firearms and use of firearms in connection with a drug transaction is reversed and remanded where the district court incorrectly calculated defendant's guideline range because a two-point enhancement for possession of stolen guns amounted to impermissible double counting, even though the determination of the range was otherwise correct. http://caselaw.lp.findlaw.com/data2/circs/6th/053379p.pdf

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