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.
091621P.pdf 03/16/2010 United States v. Orville Myers
U.S. Court of Appeals Case No: 09-1621
District of Nebraska - Lincoln
[PUBLISHED] [Benton, Author, with Loken, Chief Judge and
Gruender, Circuit Judge]
Criminal case - Sentencing. District court did not impermissibly
double-count a prior conviction for sexual assault by including it in both
defendant's base offense level and his criminal history category as the
harm of his prior conviction was not fully accounted for by either
guideline alone; even if double-counting did occur, it was permissible
because the Sentencing Commission intended the result and the offense
level and criminal history sections address different concerns.