United States Eighth Circuit

Defendant's sentence for failing to register as a sex offender in violation of 18 U.S.C. section 2250(a) is affirmed where: 1) the harm of defendant's prior conviction was not fully accounted for by either Guideline at issue alone, so no double-counting occurred; and 2) even if double-counting occurred in this case, it was permissible because the Sentencing Commission intended the result, and the offense level and criminal history sections address different concerns.

Appellate Information

• Decided 03/16/2010
• Published 03/16/2010

Judges

Court

• United States Eighth Circuit

Counsel