Antonio Olmeda v. United States
Environmental SocialSecurity Securities Immigration
Whether a Judgment and Conviction on two counts, under U.S.S.G. § 2K2.1.(a), for unlawful 'receipt' of a firearm and 'Possession' of that firearm is multiplicitous, and not intended by Congress to punish the same offense under two separate statutes
QUESTION(S) PRESENTED a Whether a Judgment and Conviction on two counts, under U.S.S.G. : § 2K2.1.(a), for unlawful "receipt" of a firearm and "Possession" = of that firearm.is multiplicitous, arid not intended. by congréss: to punish the same offense under two seperate statutes. : : , ; Whether U.S.S.G..§ 2K2.1.(b)(4)(B), and(b)(6)(B), enhancements, "area sentencing factor or an element of another offense, that must be submitted to a Jury and proved beyond reasonable doudt. . , + Pursuant to U.S.S.G. § 5G1.3(c), cmt. 3, can a sentence subject... ; to an anticipated state term of imprisonment, be imposed fo run. consecutively to a federal sentence. , «+ Whether the District Court upon Remand and Mandate, under. 18 U:SiC § 3742(a), is’ subject to resentence a defendant in a manner and oo consistant with such instructions as may have been given by the . Court of Appeals... ; : . ; ae "see. eg. , [Violations of the Fifth, Sixth and Eighth amendments ] ; [of the United States Constitution] ,