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U.S. v. KOONCE

No. 89-4013.

885 F.2d 720 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen G. KOONCE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 25, 1989.

Attorney(s) appearing for the Case

Samuel Alba and Robert G. Wing, of Prince, Yeates & Geldzahler, Salt Lake City, Utah, for defendant-appellant.

Karen Skrivseth, Dept. of Justice, Brent D. Ward, U.S. Atty., and Wayne T. Dance, Asst. U.S. Atty., for plaintiff-appellee.

Before McKAY, TACHA, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

This appeal raises the issue of whether the government, consistent with the Double Jeopardy Clause and the federal sentencing guidelines, can prosecute a defendant for a crime even though evidence concerning defendant's commission of that crime already has been used to enhance defendant's sentence for an earlier offense. We hold that the government can do so.1

Defendant...

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