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· 5/25/2005

United States v. Kevin W. Schmeilski

Citations

  • 408 F.3d 917
  • 2005 U.S. App. LEXIS 9531
  • 2005 WL 1243353

How courts have described this case

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

  • holding that the application of both § 2G2.1(d)(1) and No. 19-3719 United States v. Fleischer Page 17 § 4B1.5(b)(1) does not constitute impermissible double counting
  • recognizing that impermissible double counting occurs only when multiple adjustments are premised on “identical” facts, not when there is some factual overlap in the conduct supporting multiple upward adjustments
  • “When two enhancements address distinct aspects of the defendant’s conduct, the application of both does not constitute double counting.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Manion, Williams

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.