United States v. Foster, No. 11-6414 (6th Cir. 2014)
Annotate this CaseFoster was sentenced to 622 months’ imprisonment for two counts of drug possession, two counts of firearm possession, one count of drug distribution, and one count of conspiracy. Both parties subsequently agreed that Foster’s conviction and sentence for one of the drug possession counts and one of the firearm possession counts violated the Double Jeopardy Clause because those two counts duplicate other counts for which Foster was convicted and sentenced. The Sixth Circuit declined to vacate the sentences for the remaining four counts. The 120-month sentence for the duplicative drug possession count was set to run concurrently with three sentences of equal or greater length so that its vacatur could not logically be a basis for increasing the overall sentence for the remaining counts. The district court made clear at sentencing that the duplicative firearm possession count did not affect the length of other parts of the sentence. There is, therefore, no basis for the district court to increase the sentence on the four remaining counts.
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