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· 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 CourtListener

Sourced 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.