U.S. v. Cook

Dist. Ct. did not err in sentencing defendant to 144-month term of incarceration on charges of obstruction of commerce by robbing check-cashing entity and of brandishing firearm during commission of crime of violence, where said sentence was based, in part, on 2-level enhancement for causing loss to financial institution and 2-level enhancement for physically restraining person during robbery. Ct. rejected defendant’s claim that instant check-cashing entity was not “financial institution,” even though defendant argued that financial institution under enhancement required entity to serve some sort of depository function. Ct. also rejected defendant’s claim that applying physical restraint enhancement constituted impermissible double counting because instant proof of physical restraint counted both as element in underlying robbery charge and as conduct giving rise to instant enhancement, since: (1) double counting is presumed permissible unless text of applicable sentencing guideline explicitly states otherwise; and (2) applicable guideline contained no explicit prohibition against double counting.