U.S. v. TERRELL

No. 09-3074.

608 F.3d 679 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Carl G. TERRELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 15, 2010.


Attorney(s) appearing for the Case

Alice C. White (Jean K. Gilles Phillips, on the brief), Paul E. Wilson Center for Innocence and Post Conviction Remedies, University of Kansas School of Law, Lawrence, KS, appearing for Appellant.

Brent I. Anderson, Assistant United States Attorney (Lanny D. Welch, United States Attorney, with him on the brief), Office of the United States Attorney for the District of Kansas, Wichita, KS, appearing for Appellee.

Before TACHA, KELLY, and HARTZ, Circuit Judges.


TACHA, Circuit Judge.

Carl G. Terrell challenges the district court's denial of his motion for a reduction of sentence under 18 U.S.C. § 3582(c)(2) on the basis that his sentence was improperly enhanced as a result of double-counting. Specifically, he argues that Amendment 599 to the United States Sentencing Guidelines ("U.S.S.G." or "Guidelines") prohibits a sentence enhancement under § 2K2.1(b)(1) based on the number of weapons involved in the underlying...

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