What is the test for a specific offense in the context of making threats to kill, discharge, display, or possession of a firearm or dangerous weapon?

MultiRegion, United States of America

The following excerpt is from U.S. v. Mathews, 120 F.3d 185 (9th Cir. 1997):

Application Note 2 cites the robbery guideline as an example of such specific offense characteristics, which provides enhancements for the discharge, use, display, or possession of a firearm or dangerous weapon, or the making of an express death threat in connection with the offense. See 2B3.1(b)(2). Such specific offense characteristics of the underlying offense would clearly be redundant where a conviction is for violation of 924(c), i.e., they merely punish for what 924(c) already prohibits (commission of the underlying offense with the use of a weapon). The offense characteristic of serious harm to more than one person, however, relates to the possible consequence of the use of an explosive under particular circumstances, i.e., 924(c) can be violated with or without causing risk of harm to more than one person. Thus, the upward departure here would not have the effect of double counting. Cf. United States v. Zamora, 37 F.3d 531, 533-34 (9th Cir.1994) (no upward departure permitted for increased risk of violence in a fraudulent drug transaction because the 924(c) conviction already took into account the increased risk of violence where gun is carried during a drug transaction).

B. Sufficiency of the Factual Findings

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