United States v. Troy Clayton Kleinebreil

BARKSDALE, Circuit Judge:

Convicted on marijuana (two counts) and assault of a federal officer charges, Troy Clayton Kleinebreil bases error on the denial of his motion to suppress, the jury instruction on his defense to the assault charge, and the application of the Sentencing Guidelines. 2 We AFFIRM the convictions; but, because the district court double-counted adjustments to the group offense levels for the marijuana and assault convictions, we VACATE the sentences and REMAND for resentencing.

I

In 1988, more than a year prior to his arrest, the Austin Police Department began investigating a…