United States v. Danny Allen Purgason, (Two Cases)

21 F.3d 1118 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Danny Allen PURGASON, Defendant-Appellant. (Two Cases) Nos. 92-30481, 92-30485. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 11, 1994. Decided March 31, 1994. Before: BROWNING, KOZINSKI and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 A. Purgason claims the district court erred in enhancing his sentence under U.S.S.G. Sec. 2B3.1(b)(2) for using a firearm because he also received a statutory enhancement under 18 U.S.C. Sec. 924 (c). But Purgason was sentenced for two crimes involving a firearm, a bank robbery and an attempted bank robbery. These crimes occurred on different dates and involved different victims. Purgason received an enhancement under section 924(c) for the attempted bank robbery, and a section 2B3.1(b)(2) enhancement for the actual robbery. There was no double counting. 3 B. While the district court generally applies the…