United States v. Vizcarra, No. 09-1174 (7th Cir. 2012)
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Defendants committed a kidnapping for ransom to extract payment of a drug debt, abducting the victim in Indiana, taking her to Illinois, and holding her for two days before federal agents rescued her. They entered pleas of guilty to kidnapping, 18 U.S.C. 1201(a)(1)-(2) and appealed their sentences of 168 and 235 months. The Seventh Circuit affirmed. Application of a six-level enhancement, U.S.S.G. 2A 4.1(b)(1) for kidnapping demanding a ransom was not impermissible double counting There is no general prohibition on double-counting; the default rule is that the same conduct may determine the base offense level and also trigger cumulative application of enhancements and adjustments unless a specific guideline instructs otherwise. U.S.S.G. 1B1.1 cmt. n.4. The judge adequately addressed arguments in mitigation. Finding no nonfrivolous issues for appeal the court granted counsels' motion to withdraw.
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