United States v. Paul C. "Paulie" Villano

McKAY, Circuit Judge,

concurring, with SEYMOUR, Circuit Judge, joining in this concurring opinion:

While I agree with the result in this case, I believe that a different analytical approach is dictated. In these days of choked calendars, we ought to give primary consideration to procedural solutions that will minimize potential points of litigation, avoiding like the plague a multiplication of rules whenever a sensible overarching rule will achieve at least equally just and manageable results. The proliferation of opinions in the cases we have considered en banc to address sentencing problems…