United States Seventh Circuit

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US v. Eubanks, 09-1029

District court's imposition of a sentence on a defendant convicted of robbery and related crimes is affirmed in part, vacated in part and remanded where: 1) the sentence under 18 U.S.C. section 924(c) accounted for all of the guns possessed, carried, or used by defendant and the co-defendant in relation to the robbery, including the plastic B.B. gun, thus the district court's four-level enhancement under U.S.S.G. section 2B3.1(b)(2)(D) was impermissible double counting; 2) a six-level enhancement for otherwise using the firearm was appropriate as district court's factual finding was not clearly erroneous; 3) district court's bodily injury enhancement was proper; 4) district court erred by enhancing defendant's offense levels four points for abduction; 5) district court correctly calculated defendant's criminal history; and 6) because the district court's errors in calculating the guideline range may have affected the sentence imposed, the errors are not harmless.

Appellate Information

  • Argued 10/26/2009
  • Decided 01/28/2010
  • Published 01/28/2010

Judges

  • SIMON, District Judge., Before BAUER and SYKES, Circuit Judges, and SIMON, District Judge .

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Joseph C. Pedersen, Attorney, Office of the United States Attorney, Rockford, IL, for Plaintiff-Appellee., John M. Nelson, Attorney, Rockford, IL, for Defendant-Appellant.