DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
083748P.pdf 10/22/2009 United States v. Phillip Hill
U.S. Court of Appeals Case No: 08-3748
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Melloy, Author, with Gruender and Benton, Circuit Judges]
Criminal case - Sentencing. No error in imposing an enhancement under
Guidelines Sec. 2K2.1(b)(6) for possession of a weapon in connection
with another felony, here, resisting arrest, as defendant's conduct
created a substantial risk of serious bodily injury to himself and the
arresting officer; no error in imposing an enhancement under Guidelines
Sec. 3A1.2(b); imposition of both enhancements, which stemmed from
defendant's attempts to draw his weapon while fleeing from the officer,
did not amount to double counting, as one section addressed the connection
between the felony and the use of the firearm and the other adjustment
concerns the identity of the victim of the assaultive conduct.