What is the difference between "relevant conduct" and "entirely separate" between criminal charges?
The following excerpt is from U.S.A. v. Garcia-Hernandez, 237 F.3d 105 (2nd Cir. 2000):
3. We therefore reject the unexplained assumption in United States v. Caraballo, 200 F.3d 20, 24-25 (1st Cir. 1999), that only "relevant conduct" is "taken into account in the determination of the offense level." Nonetheless, we will ultimately conclude that in most instances only consideration similar to that given to relevant conduct will "fully" take into account separate offenses.
3. We therefore reject the unexplained assumption in United States v. Caraballo, 200 F.3d 20, 24-25 (1st Cir. 1999), that only "relevant conduct" is "taken into account in the determination of the offense level." Nonetheless, we will ultimately conclude that in most instances only consideration similar to that given to relevant conduct will "fully" take into account separate offenses.
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