United States v. Cooper

Defendant was convicted of five counts related to his role in a scheme to steal from a labor union. The DC Circuit applied de novo review and held that counts one and two charged the same conspiracy and were therefore not multiplicitous; the district court erroneously enhanced defendant's Guidelines offense level by two levels under USSG 2E5.1(b)(1); and the district court erroneously imposed concurrent prison terms as to counts one and two because the conspiracy statute prescribes a maximum of five years. Accordingly, the court vacated defendant's sentences and remanded for resentencing. View "United States v. Cooper" on Justia Law