United States v. Young, No. 14-2383 (2d Cir. 2016)
Annotate this CaseDefendant appealed his 20 year sentence after pleading guilty to three firearms violations. The court held that there was no error in the district court’s decision not to expressly discuss and reject defendant’s arguments for a downward departure and a variance; the district court’s application of the other‐felony‐offense enhancement under U.S.S.G. 2K2.1(b)(6)(B) constituted impermissible double‐counting clearly prohibited by the Guidelines, and that its rulings concerning the obstruction enhancement under U.S.S.G. 3C1.1 and the acceptance‐of‐responsibility adjustment under U.S.S.G. 3E1.1 were not supported by the necessary factual findings; and in light of these holdings, the court did not reach defendant’s argument that his sentence was substantively unreasonable. Accordingly, the court remanded for resentencing.
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