What is the effect of a dismissed firearm possession charge on a defendant's sentence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Parker, 990 F.2d 1264 (9th Cir. 1993):
A sentencing judge may use dismissed counts to determine a defendant's offense level. United States v. Flores-Payon, 942 F.2d 556, 561-62 (9th Cir.1991) (dismissal of firearm possession charge no bar to its inclusion as specific offense characteristic in calculating defendant's sentence); see United States v. Fine, 975 F.2d 596 (9th Cir.1992) (en banc) (upholding upward departure on basis of dismissed counts where offenses groupable).
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