US v. Joey, No. 15-10096 (1-19-17)(Ikuta w/Thomas & Bea). Editorial note: This is an Az FPD case). This concerns whether there was a procedural error in sentencing. The error alleged was double counting: that a court should not calculate a Guidelines sentence under 2244(a)(5) (abusive sexual contact) using the Guideline for a 2260 conviction (sex offense against a minor while having to register). To do so, argues the defendant, would punish the same conduct as the 2260 conviction. The 9th holds there is no procedural error. A court is not precluded from using the 4B1.5 Guideline to calculate the offense for 2260.
The decision is here: