context: Accordingly, a departure under Section 4A1.3 that is premised upon the similarity between Hewitt's past criminal conduct and his current offense, if invoked in tandem with the criminal livelihood enhancement of Section 4B1.3, would doubly punish defendant for the common nature of his criminal acts, and do so in furtherance of nearly identical sentencing principles. Such sentencing practices involving "double counting" are inappropriate and, in all likelihood, are unlawful.
citation_a.signal: see
citation_a.parenthetical: noting hypothetical instance of impermissible "double counting" to add points to criminal history calculus
citation_a.sentence: See U.S. v. Cervantes, 878 F.2d 50, 55 n. 3 (2d Cir.1989) (noting hypothetical instance of impermissible “double counting” to add points to criminal history calculus); cf. Alessi v. Quinlan, 711 F.2d 497, 500 & n. 3 (2d Cir.1983) (noting, without considering validity of, several Connecticut district courts holding that due process is violated by Parole Commission decisions that “confine a prisoner beyond the applicable guideline for the same reason used to select the prisoner’s guideline in the first place”).
citation_b.signal: cf.
citation_b.parenthetical: noting, without considering validity of, several Connecticut district courts holding that due process is violated by Parole Commission decisions that "confine a prisoner beyond the applicable guideline for the same reason used to select the prisoner's guideline in the first place"
citation_b.sentence: See U.S. v. Cervantes, 878 F.2d 50, 55 n. 3 (2d Cir.1989) (noting hypothetical instance of impermissible “double counting” to add points to criminal history calculus); cf. Alessi v. Quinlan, 711 F.2d 497, 500 & n. 3 (2d Cir.1983) (noting, without considering validity of, several Connecticut district courts holding that due process is violated by Parole Commission decisions that “confine a prisoner beyond the applicable guideline for the same reason used to select the prisoner’s guideline in the first place”).