By: WISCONSIN LAW JOURNAL STAFF//October 9, 2013//
United States Court of Appeals For the Seventh Circuit
Criminal
Sentencing — other felony enhancement
Where the district court applied both the trafficking enhancement and the other felony offense enhancement, based on the same conduct, the sentence must be vacated.
“The district court applied both the trafficking enhancement and the other felony offense enhancement based on the same conduct—Johns’s transfer of the firearms to the CI with knowledge that the CI was going to resell the firearms. This double counting was impermissible because Application Note 13(D) to § 2K2.1 expressly prohibits it. Therefore, the court erred in applying the other felony offense enhancement.”
Vacated and Remanded.
Appeal from the United States District Court for the Northern District of Illinois, Guzmán, J., Tinder, J.