Eric Middlebrook v. United States
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?
2. More specifically, is the sentence enhancement under U.S.S.G. §2D1.1(b)(14)(B)
unconstitutional?
3. 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?
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?