United States Tenth Circuit

In defendant's appeal from the district court's denial of his motion for a reduction of sentence under 18 U.S.C. section 3582(c)(2) on the basis that his sentence was improperly enhanced as a result of double-counting, the order is affirmed where the number of weapons involved in the underlying offense to an 18 U.S.C. section 924(c) conviction was a separate type of offense conduct than that punished by section 924(c) itself.

Appellate Information

• Decided 06/15/2010
• Published 06/15/2010

Judges

• TACHA, Circuit Judge., Before TACHA, KELLY, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Alice C. White (Jean K. Gilles Phillips, on the brief), Paul E. Wilson Center for Innocence and Post Conviction Remedies, University of Kansas School of Law, Lawrence, KS, appearing for Appellant.


• For Appellees:
  
• Brent I. Anderson, Assistant United States Attorney (Lanny D. Welch, United States Attorney, with him on the brief), Office of the United States Attorney for the District of Kansas, Wichita, KS, appearing for Appellee.