In United States v. Harrington, --- F.3d ---, No. 18-30141 (9th Cir. 2019), the Court affirmed the defendant's sentence following his conviction for "assault by strangling a spouse in
Indian country in violation of 18 U.S.C. § 113(a)(8)."
The issue was whether the district court impermissibly
double counted when it applied a three-level enhancement for
strangling a spouse under § 2A2.2(b)(4).
The Court held it did not: "We hold that application of the three-level adjustment for
strangulation to Harrington’s sentence does not constitute
impermissible double counting."
