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U.S. v. McCORMICK

Nos. 694, 854, Dockets 92-1470, 92-1482.

992 F.2d 437 (1993)

UNITED STATES of America, Appellee-Cross-Appellant, v. John W.S. McCORMICK, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 28, 1993.

Attorney(s) appearing for the Case

Bobbi C. Sternheim, New York City (Barry M. Fallick, Rochman Platzer Fallick Rosmarin & Sternheim, of counsel), for defendant-appellant-cross-appellee.

John M. Conroy, Asst. U.S. Atty., Burlington, VT (Charles A. Caruso, U.S. Atty., David V. Kirby, Chief, Crim. Div., of counsel), for appellee-cross-appellant.

Before: OAKES, ALTIMARI and MAHONEY, Circuit Judges.

OAKES, Circuit Judge:

This appeal raises the question whether the Double Jeopardy Clause prohibits the conviction and imposition of a sentence for an offense where the same offense was used in a prior proceeding to increase the defendant's offense level under the United States Sentencing Guidelines ("U.S.S.G." or the "Guidelines"). Defendant John McCormick appeals and the government cross-appeals an order by the United States...

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