United States Fourth Circuit

The two-level enhancement for a threat of death, combined with defendant's 18 U.S.C. section 924(c) conviction and sentence, resulted in an impermissible double counting under the Guidelines. The enhancement was imposed for possession and use of the firearm underlying his conviction of possessing a firearm in furtherance of a crime of violence.

Appellate Information

• Decided 04/07/2004
• Published 04/07/2004

Judges

• Before WILLIAMS, KING, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Kelli Colleen McTaggart, Assistant Federal Public Defender, Greenbelt, Maryland, for Appellant.  Christine Manuelian, Assistant United States Attorney, Baltimore, Maryland, for Appellee.   ON BRIEF:James Wyda, Federal Public Defender, Greenbelt, Maryland, for Appellant.  Thomas M. DiBiagio, United States Attorney, Baltimore, Maryland, for Appellee.