OLVERA-TREJO

v.

UNITED STATES

Citator

Cited By

• United States v. Jackson, 276 F.3d 1231 (11th Cir. 2001)
  …that a defendant possesses a firearm, even without using it, to prevent the theft of counterfeit currency in his possession, an enhancement is properly applied. United States v. Matos-Rodriguez, 188 F. 3d 1300, 1308 (11th Cir. 1999), cert. denied, 529 U.S. 1044, 120 S.Ct. 1547, 146 L.Ed.2d 359 (2000) (upholding an enhancement under U.S.S.G. § 2B5.1(b)(3) for possession of a firearm in connection with the sale of counterfeit currency). Similarly, a defendant possesses a firearm “in connection with” possess…
• United States v. Naves, 252 F.3d 1166 (11th Cir. 2001)
  …ved carjacking” constitutes impermissible “double counting.” Generally, a claim of “double counting” presents a question of law which this court reviews de novo. United States v. Matos-Rodriguez, 188 F. 3d 1300, 1310 (11th Cir.1999), cert. denied, 529 U.S. 1044, 120 S.Ct. 1547, 146 L.Ed.2d 359 (2000). However, where, as here, the objection to the “double counting” is raised for the first time on appeal, the objection is reviewed only for plain error to avoid manifest injustice. United States v. Stevenson…