Josue Benjamin v. GTE Federal Credit Union

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing “that the Sentencing Commission Guidelines expressly mandate double counting under some circumstances through the cumulative application of sentencing adjustments”
• noting this court would have “nevertheless . . . imposed[d] these additional penalties if persuaded that this is what Congress or the Sentencing Commission intended.”
• discussing defendant’s knowledge of the fact that victims of assault were INS agents in upholding application of official victim enhancement
• finding double-counting error where the district court used the exact same conduct to establish both an elevated base offense level and a four-level enhancement
• “[I]mpermissible ‘double counting’ occurs when precisely the same aspect of a defendant’s conduct factors into his sentence in two separate ways.”
• defendant’s mistaken but reasonable belief that men approaching his car meant to do him harm would have provided an innocent reason for his actions

Source: CourtListener parenthetical corpus (CC0).