U.S. v. Shelton

Dist. Ct. did not err in sentencing four defendants on firearms and theft/burglary charges, where said sentences included enhancements under section 2K2.1(b) for conduct involving stolen firearms, engaging in trafficking of firearms or using/possessing firearm in connection with another felony offense, where all defendants were involved in theft of firearms from railroad car, and where all defendants argued that imposition of enhancements constituted double counting based on elements in charged offenses. Double counting is permitted unless text of sentencing guideline expressly prohibits it. Moreover, Ct. found that no double counting occurred, where enhancements addressed distinct conduct and harm that was not contained in charged offense, and where some enhancements applied to their burglary convictions. Ct. further rejected one defendant’s claim that Dist. Ct. had failed to consider section 3553(a) factors when imposing term of supervised release.