Eric Middlebrook v. United States
SocialSecurity Securities Immigration
Does punishing an individual with both a statutory penalty that requires a mandatory consecutive prison term and a Guideline Range enhancement for the same instant criminal offense violate the Double Jeopardy Clause of the United States Constitution?
QUESTION PRESENTED 1. Does punishing an individual with both a statutory penalty that requires a mandatory consecutive prison term and a Guideline Range enhancement for the same instant criminal offense violate the Double Jeopardy Clause of the United States Constitution? Answer: YES. -or: 2. More specifically, is thé sentence enhancement under U.S.S.G. § 2D1.1(b) (14) (B) unconstitutional? Answer: YES. -and3. Did the Court:below err in not considering the constitutionality of applying U.S.S.G. § 2D1.1(b)(14)(B) when deciding Petitioner's Direct Appeal? Ariswer: YES.