United States Sixth Circuit

Defendant's sentence for a robbery conviction is vacated where the application of two separate penalties for making a "threat of death" and for the use of a firearm during a felony would constitute prohibited "double counting" under the US Sentencing Guidelines.

Appellate Information

• Decided 02/23/2005
• Published 02/23/2005

Judges

• Before:  GUY and COLE, Circuit Judges;  TARNOW, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Andrew M. Stephens, Andrew M. Stephens & Associates, Lexington, Kentucky, for Appellant.  James E. Arehart, Assistant United States Attorney, Lexington, Kentucky, for Appellee.   ON BRIEF:  Andrew M. Stephens, Andrew M. Stephens & Associates, Lexington, Kentucky, for Appellant.  James E. Arehart, Charles P. Wisdom, Jr., Assistant United States Attorney, Lexington, Kentucky, for Appellee.