By: WISCONSIN LAW JOURNAL STAFF//October 23, 2014//
U.S. Court of Appeals for the 7th Circuit
Criminal
Sentencing — grouping
Firearm and drug offenses should not be grouped at sentencing when a sec. 924(c) count is also charged.
“With respect, we disagree with the Eighth Circuit’s interpretation of the guidelines in this situation. The introductory comment to the grouping guideline doesn’t alter the language of the relevant offense guidelines. Section 3D1.2(c) provides that grouping is required ‘[w]hen one of the counts embodies conduct that is treated as a specific offense characteristic in, or other adjustment to, the guideline applicable to another of the counts.’ U.S.S.G. § 3D1.2(c) (emphasis added). The guidelines governing the application of offense characteristics are found in Chapter Two of the Guidelines Manual. The relevant Chapter Two guideline directs the court not to apply offense-characteristic enhancements for firearm possession when a § 924(c) conviction is in the sentencing mix. See id. § 2K2.4 cmt. n.4.”
Affirmed.
Appeal from the United States District Court for the Northern District of Indiana, Miller, J., Sykes, J.