UNITED STATES v. TONY

No. 23-2110.

121 F.4th 56 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Brian TONY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED October 29, 2024.


Attorney(s) appearing for the Case

Josh Lee, Assistant Federal Public Defender, Office of the Federal Public Defender (Virginia L. Grady, Federal Public Defender, with him on the briefs), Denver, Colorado, for Defendant-Appellant.

Tiffany L. Walters, Assistant U.S. Attorney, Office of the United States Attorney (Alexander M.M. Uballez, United States Attorney, with her on the brief), Albuquerque, New Mexico, for Plaintiff-Appellee.

Before HOLMES, Chief Judge, BALDOCK, and McHUGH, Circuit Judges.


The United States Sentencing Commission's Guidelines Manual ("U.S.S.G." or "Guidelines") contains so-called "grouping" rules, some of which are designed to minimize punishments when multiple counts of conviction involve "substantially the same harm." U.S.S.G. § 3D1.2.

Appellant Brian Tony was convicted of two...

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