United States First Circuit

Defendant's sentence is affirmed, where: 1) the use in tandem of a base offense level dictated by U.S. Sentencing Guidelines section 2A6.2(a), a guideline applicable to crimes involving stalking or domestic violence, and an upward adjustment under section 2A6.2(b)(1)(A) for violation of a court protection order, does not constitute impermissible double counting; and 2) the district court did not err in reasoning that the Sentencing Commission may have rationally intended to punish a stalking-type offense more seriously where it simultaneously involved the violation of a court order.

Appellate Information

• Decided 02/22/2013
• Published 02/22/2013

Judges

• SELYA

Court

• United States First Circuit

Counsel