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U.S. v. HARRINGTON

No. 18-30141.

946 F.3d 485 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Richard HARRINGTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 24, 2019.

Attorney(s) appearing for the Case

Jeremy B. Sporn (argued), Federal Defenders of Washington, Yakima, Washington, for Defendant-Appellant.

Thomas J. Hanlon (argued), Assistant United States Attorney; Joseph H. Harrington , United States Attorney; United States Attorney's Office, Yakima, Washington; for Plaintiff-Appellee.

Before: William A. Fletcher, Consuelo M. Callahan, and Morgan Christen, Circuit Judges.

OPINION

Walter Harrington appeals the sentence imposed following his guilty plea to assault by strangling a spouse in Indian country in violation of 18 U.S.C. § 113(a)(8). Harrington contends that the district court impermissibly double counted when it applied a three-level enhancement for strangling a...

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