Read US v. HAOUARI, 02-1067

Double counting that results from U.S.S.G. section 3A1.4 "terrorism" guideline is permissible because that section plainly manifests the Sentencing Commission and Congress' intent to account for an act of terrorism in calculating both the offense level and the criminal history category.

Appellate Information

• Submitted 11/26/2002
• Decided 01/27/2003
• Published 01/28/2003

Judges

• JOHN M. WALKER, JR., Chief Judge., Before:  WALKER, Chief Judge, LEVAL and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Martin G. Goldberg, Franklin Square, NY, for Defendant-Appellant., James B. Comey, United States Attorney, Southern District of New York (Robin Lisa Baker, Joseph F. Bianco, and Andrew C. McCarthy, Assistant United States Attorneys, on the brief), New York, NY, for Appellee.