Antonio Olmeda v. United States
Environmental SocialSecurity Securities Immigration
Whether a Judgment and Conviction oh two counts,
§ 2K2.1.(a)., for unlawful "receipt", of a firearm and "Possession"
of that firearm is multiplicitous , arid not intended by congress
to punish the same offense under two separateunder U.S.S.G.
statutes .
Whether U.S.S.G. § 2K2.1.(b)(4)(B) , and (b)(6)(B), enhancements/,
are a sentencing.factor or an element of another offense, that
must be submitted to a Jury and proved beyond reasonable doUdt.
Pursuant to U.S.S.G. § 561.3(c), cmt. 3, can a sentence subject,
to an anticipated state term of imprisonment, be imposed
consecutively to a federal sentence.to run
Whether the. District Court upon Remand and Mandate, under 18 UtS'/C
§ 3742(a), is subject to resentence a defendant in a manner and
consistant with such instructions as may have been given by the
Court of Appeals . .
Whether a Judgment and Conviction on two counts, under U.S.S.G. § 2K2.1.(a), for unlawful 'receipt' of a firearm and 'Possession' of that firearm is multiplicitous, and not intended by Congress to punish the same offense under two separate statutes