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U.S. v. FIUME

No. 11-1971.

708 F.3d 59 (2013)

UNITED STATES of America, Appellee, v. Jason P. FIUME, Defendant, Appellant.

United States Court of Appeals, First Circuit.

February 22, 2013.

Attorney(s) appearing for the Case

Neil L. Fishman on brief for appellant.

Margaret D. McGaughey , Assistant United States Attorney, and Thomas E. Delahanty II , United States Attorney, on brief for appellee.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and SELYA, Circuit Judge.

SELYA, Circuit Judge.

The principal issue in this sentencing appeal is one of first impression at the federal appellate level. The appeal is premised on the notion that a two-level enhancement to the defendant's guideline sentencing range (GSR) under USSG § 2A6.2(b)(1)(A), when superimposed upon a base offense level dictated by USSG § 2A6.2(a), constitutes an impermissible exercise in double counting. Viewed through the mists of distance, this notion possesses...

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