United States v. Fiume

708 F.3d 59 (2013)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

United States v. Fiume

United States Court of Appeals for the First Circuit
708 F.3d 59 (2013)

  • Written by Haley Gintis, JD

Facts

Following Jason P. Fiume’s (defendant) release from prison for assaulting his wife, a court order of protection was issued that forbade any communication. Fiume repeatedly violated the order by sending his wife phone, email, and Facebook messages. Fiume then traveled from New York to Maine to leave a message for his wife, who had been staying in Maine with family. Fiume was charged by the United States government (plaintiff) for interstate travel with the intent to violate a protection order. Fiume pleaded guilty. The probation department then investigated the case to recommend an appropriate sentence. The department found that Fiume’s base level offense was 18 pursuant to the United States Sentencing Guidelines (USSG) § 2A6.2(a). The department then recommended two two-level enhancements. The enhancements were pursuant to USSG § 2A6.2(b)(1)(A), which provided a two-level enhancement if the offense involved violating a protection order and USSG §2A6.2(b)(1)(D), which provided a two-level enhancement for a pattern of assaulting the same victim. The department also recommended a three-level reduction because Fiume had accepted responsibility for the crime. The department concluded that the guidelines provided a prison sentence between 33 and 41 months. The department submitted a presentence investigation report containing its recommendation to the district court. The district judge reviewed the recommendation and imposed a prison sentence of 41 months. Fiume appealed on the ground that the two-level enhancement for violating a protection order constituted impermissible double counting and violated the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.

Rule of Law

Issue

Holding and Reasoning (Selya J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 741,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 741,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 741,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership