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U.S. v. CALOZZA

No. 95-30393.

125 F.3d 687 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Michael CALOZZA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 25, 1997.

Attorney(s) appearing for the Case

Jo Ann Oliver, Assistant Federal Public Defender, Seattle, WA, for defendant-appellant.

Thomas M. Gannon, United States Department of Justice, Washington, DC, for plaintiff-appellee.

Before: SCHROEDER and KLEINFELD, Circuit Judges, and BREWSTER, District Judge.

Opinion by Judge KLEINFELD; Partial Concurrence and Partial Dissent by Judge BREWSTER.

KLEINFELD, Circuit Judge:

We construe the grouping provisions of the sentencing guidelines, U.S.S.G. §§ 3D1.1, 3D1.4, to determine whether the proper base offense level was selected and whether there was impermissible double counting.

Facts

Calozza sold insurance for the Sons of Norway to its members. He fabricated a letter purporting to be from...

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