Sentencing — double counting

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — double counting

Double counting is impermissible only if a specific guideline prohibits it.

“Applying the enhancement for demanding a ransom does not impermissibly double count. In so holding we resolve an inconsistency in our caselaw regarding the concept of double counting. Despite what we have said or implied—most recently in United States v. Bell, 598 F.3d 366, 371-73 (7th Cir. 2010)—there is no general prohibition against double counting in the guidelines. To the contrary, the default rule is that the same conduct may determine the base offense level and also trigger the cumulative application of enhancements and adjustments unless a specific guideline instructs otherwise. See U.S.S.G. § 1B1.1 cmt. n.4. In other words, double counting is impermissible only when the text of the applicable guideline specifically says so.”

Affirmed.

09-1174 & 09-2457 U.S. v. Vizcarro

Appeals from the United States District Court for the Northern District of Illinois, Norgle, J., Sykes, J.