United States Seventh Circuit

Sentence for bank robbery and carrying a firearm in relation to a crime of violence is vacated and remanded where Application Note 4 to section 2K2.4 of the sentencing guidelines prohibits, as double counting, an upward adjustment for a death threat that is related to the firearm for which the defendant received a mandatory consecutive sentence.

Appellate Information

• Argued 11/13/2007
• Decided 12/19/2007
• Published 12/19/2007

Judges

• EVANS, Circuit Judge., Before COFFEY, EVANS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Michael Donovan (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Ross M. Eagle (argued), Jester, Kenworthy & Eagle, Chicago, IL, for Defendant-Appellant.