United States v. Kranovich
United States v. Kranovich
Opinion of the Court
MEMORANDUM
We previously affirmed Kranovich’s conviction for theft involving a federally funded program, in violation of 18 U.S.C. § 666(a)(1), and theft of government property, in violation of 18-U.S.C. § 641, see United States v. Kranovich, 401 F.3d 1107 (9th Cir. 2005), and we now address his challenge to his sentence.
In addition, Kranovich argues that the section 3C1.1 enhancement was impermissible double counting because the district court also imposed an enhancement for abusing a position of trust. See id. § 3B1.3. Although Kranovich was able to obstruct the investigations due largely to his position as Sheriff, the obstruction enhancement addresses a harm that is distinct from the harm that results when a position of public trust is abused. As we stated in United States v. Reese, 2 F.3d 870, 895 (9th Cir. 1993), “[w]hen more than one kind of harm is attributable to a given aspect of a defendant’s conduct, failure to enhance his punishment for each harm caused thereby would defeat the Commission’s goal of proportionality in sentencing.” Therefore, we reject Kranovich’s double-counting challenges to the section 3C1.1 sentence enhancement.
However, in light of the sentencing challenge based on United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc), that defense counsel raised in supplemental briefing, we grant a limited remand pursuant to that case.
LIMITED REMAND.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.