United States v. Rodriguez, No. 17-2222 (7th Cir. 2018)
Annotate this CaseRodriguez pled guilty to dealing firearms without a license and distributing cocaine. In his plea agreement, Rodriguez admitted to selling cocaine to an informant on one occasion and selling firearms to that informant on eight other occasions. The plea agreement also suggests that Rodriguez was aware that the guns he sold were being used to commit felonies. Rodriguez admitted that he and the informant discussed the use of the weapons and Rodriguez continued to sell the informant firearms. The district court applied a four-level enhancement under U.S.S.G 2K2.1(b)(5) for trafficking firearms and an additional four-level enhancement under U.S.S.G 2K2.1(b)(6)(B) for transferring a firearm with the knowledge, intent, or reason to believe that it would be used or possessed in connection with another felony offense, which produced a guideline range of 135-168 months. The court imposed a below-guidelines sentence of 108 months’ imprisonment. The Seventh Circuit affirmed, rejecting an argument that the district court improperly double counted when it applied both the trafficking and other-felony enhancements. Double counting is only forbidden when the text of the guidelines or the commentary expressly prohibits it; the guidelines do not prohibit simultaneous application of the trafficking and other-felony enhancements.
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