U.S. v. Vizcarra

Dist. Ct. did not err in sentencing defendant to 168-month term of incarceration on kidnapping charge, even though defendant claimed that said sentence was product of improper double counting where Dist. Ct. applied 6-level enhancement under section 2A4.1(b)(1) of USSG for kidnapping that involved demand for ransom, and where charged offense also involved demand for ransom. Ct., in clarifying Bell, 598 F.3d 366, found that there is no general prohibition against double counting when applying sentencing guidelines, such that same conduct may determine base offense level and also trigger cumulative application of enhancements/adjustments where, as here, no specific guideline instructs otherwise.