Dist. Ct. did not err in sentencing defendant to 108-month term of incarceration on charges of dealing firearms without license and distributing cocaine, even though Dist. Ct. applied 4-level enhancement under section 2K2.1(b)(5) of USSG for trafficking firearms and 4-level enhancement under section 2K2.1(b)(6)(B) of USSG for transferring firearm with knowledge that it would be used or possessed in connection with another felony offense. While defendant argued that Dist. Ct.’s simultaneous application of both enhancements constituted impermissible double counting, double counting is permitted unless text of sentencing guidelines expressly prohibits it, and instant guidelines fell short of expressly prohibiting simultaneous application of both enhancements.
Federal 7th Circuit Court
Criminal Court
Sentencing