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18 U.S.C. § 922 and § 3D1.2

United States v. Pierce, No. 04-1191 (8th Cir., Nov. 9, 2004) (per curiam - Murphy, Hansen, Riley, JJ.).

Defendant plead guilty to meth and firearm-related offenses, including one count of violating 18 U.S.C. § 922, the felon-in-possession statute.  His base level sentence included points for the felon-in-possession offense.  The court also added 2-points under § 3D1.2(b)(1) for possessing a gun while committing a drug related offense.  The defendant argued that you can't give him points under § 3D1.2, possessing a firearm, because he already got points for possessing the firearm.

A unanimous three-judge panel disagreed:

In calculating a defendant’s offense level for a drug conviction, it does not constitute impermissible double-counting to apply a § 2D1.1(b)(1) enhancement, even though the defendant has also been convicted under § 922(g)(1) for possessing the same firearm.

Id. at *4 (citations omitted).

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