· 11/6/1997
United States v. Gary Senn, Joseph L. Marino, Nathan Thomas Cannon, Alfred Destefano, and John Weaver
Citations
- 129 F.3d 886
- 1997 U.S. App. LEXIS 30454
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that impermissible double counting occurs “if the offense itself necessarily includes the same conduct as the enhancement”
- holding that failure to use all potential impeaching material does not always affect the outcome of trial
- holding that impermissible double counting occurs “if the offense itself necessarily includes the same conduct as the enhancement”
- holding that pilot enhancement does not require \proof of special skill\
- finding that a guilty plea entered only three days before the scheduled start of a narcotics trial was untimely and that any disagreement as to the amount of narcotics possessed by the defendant should not have delayed the plea
- rejecting a double counting challenge to the captain/navigator smuggler adjustment because the “bar on double counting comes into play only if the offense itself necessarily includes the same conduct as the [adjustment]” (emphasis in original)
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Manion, Evans
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.