United States v. Leticia Gonzalez, 262 F.3d 867 (9th Cir. 2001). · Go Syfert
United States v. Leticia Gonzalez, 262 F.3d 867 (9th Cir. 2001). Cases Citing This Book View Copy Cite
“we decline invitation to read a scienter requirement into section 3b1.4 because the plain language of the guideline does not require that a defendant have knowledge that the individual is under eighteen years of age for the enhancement to apply.”
49 citation events (49 in the last 25 years) across 9 distinct courts.
Strongest positive: United States v. Ceballos (ca7, 2002-08-27)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Ceballos
7th Cir. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
we decline invitation to read a scienter requirement into section 3b1.4 because the plain language of the guideline does not require that a defendant have knowledge that the individual is under eighteen years of age for the enhancement to apply.
discussed Cited as authority (rule) United States v. Prince Irell Seuell
6th Cir. · 2025 · confidence medium
Cir. 1991) (“[U]nder the amended Guidelines, scienter is not required as a general matter.”) (§ 1B1.3); United States v. González, 857 F.3d 46 , 53–56 (1st Cir. 2017) (§ 2K2.1(b)(4)); United States v. Thomas, 628 F.3d 64 , 68–69 (2d Cir. 2010) (§ 2K2.1(b)(4)); United States v. Thornton, 306 F.3d 1355 , 1358–59 (3d Cir. 2002) (§ 3B1.4); United States v. Taylor, 659 F.3d 339, 344 (4th Cir. 2011) (§ 2K2.1(b)(4)(A)); United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir. 2001) (per curiam) (§ 3B1.4); United States v. Ray, 704 F.3d 1307 , 1311–12 (10th Cir. 2013) (order) (§ 2G2.…
discussed Cited as authority (rule) United States v. Joshua Scheu
9th Cir. · 2023 · confidence medium
See Whitfield v. United States, 574 U.S. 265 , 269 (2015); United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir. 2001) (per curiam) (declining to read a 2 See Sentencing Guidelines for U.S. Courts, 52 Fed.
discussed Cited as authority (rule) A.N.S.W.E.R. Coalition v. Jewell
D.D.C. · 2016 · confidence medium
The Court disagrees with the Ninth Circuit’s conclusion in Edwards v. Coeur d’Al-ene that no ample alternative channels of communication exist when sign supports are banned because “there is no other effective and economical way for an individual to communicate his or her message to a broad audience during a parade or public assembly than to attach a handle to his sign to hoist it in the air.” 262 F.3d at 867.
cited Cited as authority (rule) United States v. Yoahjan Flores
9th Cir. · 2013 · confidence medium
United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001). 3 .
cited Cited as authority (rule) United States v. Randall Treadwell
9th Cir. · 2010 · confidence medium
United States v. Gon- zalez, 262 F.3d 867, 869 (9th Cir. 2001) (per curiam).
cited Cited as authority (rule) United States v. Treadwell
9th Cir. · 2010 · confidence medium
United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001) (per curiam).
discussed Cited as authority (rule) United States v. Vicente Alvarez-Hernandez
9th Cir. · 2007 · confidence medium
Because we “appl[y] the rules of statutory construction when interpreting the guidelines,” United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001) (per cu-riam), consistent with those principles, we presume that the Sentencing Commission — like Congress — acts with an awareness of the relevant case law in amending the Guidelines and their commentary.
cited Cited as authority (rule) United States v. Nichols
9th Cir. · 2006 · confidence medium
UNITED STATES v. NICHOLS 17411 “If the language of a guideline is unambiguous, its plain meaning controls.” United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir. 2001).
discussed Cited as authority (rule) United States v. Kevin Wesley Nichols (2×)
9th Cir. · 2006 · confidence medium
“If the language of a guideline is unambiguous, its plain meaning controls.” United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001).
discussed Cited as authority (rule) United States v. Staten
9th Cir. · 2006 · confidence medium
See, e.g., United States v. Crawford, 372 F.3d 1048, 1053 (9th Cir. 2004) (en banc) (“The district court’s interpretation and application of the Sentencing Guidelines are reviewed de novo.”); United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir. 2001) (per curiam); Ort- land, 109 F.3d at 543 .
discussed Cited as authority (rule) United States v. Keith E. Brazinskas
7th Cir. · 2006 · confidence medium
In Ceballos , we observed that the district court’s interpretation of § 3B1.4 in that case “requires a finding that the defendant had actual knowledge that the person he used to commit the offense was a *669 minor, and two other courts have held that § 3B1.4 does not require such actual knowledge.” 302 F.3d at 697 (citing United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir.2001); United States v. McClain, 252 F.3d 1279 , 1286 (11th Cir.2001)).
discussed Cited as authority (rule) United States v. Brazinskas, Keith
7th Cir. · 2006 · confidence medium
In Ceballos, we observed that the district court’s interpre- tation of § 3B1.4 in that case “requires a finding that the defendant had actual knowledge that the person he used to commit the offense was a minor, and two other courts have held that § 3B1.4 does not require such actual knowledge.” 302 F.3d at 697 (citing United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir. 2001); United States v. McClain, 252 F.3d 1279 , 1286 (11th Cir. 2001)).
discussed Cited as authority (rule) United States v. Staten
9th Cir. · 2006 · confidence medium
See, e.g., United States v. Crawford, 372 F.3d 1048, 1053 (9th Cir.2004) (en banc) ("The district court’s interpretation and application of the Sentencing Guidelines are reviewed de novo.”); United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001) (per curiam); Ortland, 109 F.3d at 543 .
discussed Cited as authority (rule) United States v. Sue Ellen Staten
9th Cir. · 2006 · confidence medium
See, e.g., United States v. Crawford, 372 F.3d 1048, 1053 (9th Cir.2004) (en banc) (“The district court’s interpretation and application of the Sentencing Guidelines are reviewed de novo.”); United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001) (per curiam); Ortland, 109 F.3d at 543 . *389 This conflict has continued post-Booker.
discussed Cited as authority (rule) United States v. Robert Voegtlin
8th Cir. · 2006 · confidence medium
Accord United States v. Lewis, 386 F.3d 475, 479 (2d Cir. 2004); United States v. Thornton, 306 F.3d 1355, 1358-59 (3d Cir. 2002); United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir. 2001); United States v. McClain, 252 F.3d 1279 , 1286 (11th Cir. 2001).
discussed Cited as authority (rule) United States v. Robert Voegtlin
8th Cir. · 2006 · confidence medium
Cir.2004); United States v. Thornton, 306 F.3d 1355, 1358-59 (3d Cir.2002); United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir.2001); United States v. McClain, 252 F.3d 1279 , 1286 (11th Cir.2001).
cited Cited as authority (rule) United States v. Lewis
unknown court · 2004 · confidence medium
United States v. Thornton, 306 F.3d 1355, 1358-60 (3d Cir.2002); United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir.2001); United States v. McClain, 252 F.3d 1279 , 1285-87 (11th Cir.2001).
cited Cited as authority (rule) United States v. Lewis
unknown court · 2004 · confidence medium
United States v. Thornton, 306 F.3d 1355, 1358-60 (3d Cir.2002); United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir.2001); United States v. McClain, 252 F.3d 1279 , 1285-87 (11th Cir.2001).
discussed Cited as authority (rule) United States v. Nava-Sotelo
10th Cir. · 2003 · confidence medium
See, e.g., United States v. King, 345 F.3d 149, 153 (2nd Cir.2003) (“[Djrug dealers convicted under [21 U.S.C.] § 841(a) need not know the type and quantity of drugs in their possession in order to be subject to sentencing enhancements contained in § 841(b).”); United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir.2001) (rejecting defendant’s argument that a mens rea requirement should be applied to the Guidelines; finding two-level enhancement under USSG § 3B1.4 appropriate even if defendant did not know that the individual she used to violate 18 U.S.C. § 472 was a minor); United St…
discussed Cited as authority (rule) United States v. Shearer
N.D. Ind. · 2003 · confidence medium
As the Ninth Circuit has noted in United States v. Gonzalez 262 F.3d 867, 871 (9th Cir.2001), an enhancement under § 3Bl.l(c) (leader/organizer) and § 3B1.4 (use of a minor) does not result in double counting because:: Involving others in criminal wrongdoing is harmful without reference to the age of the individuals.
cited Cited as authority (rule) United States v. Gilberto Pimentel-Flores
9th Cir. · 2003 · confidence medium
United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001).
cited Cited as authority (rule) United States v. Qundhari
6th Cir. · 2003 · confidence medium
The Sentencing Guidelines are distinct from criminal statutes and “are not normally required to carry their own mens rea requirements.” United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir.2001).
discussed Cited as authority (rule) United States v. Sampson
9th Cir. · 2003 · confidence medium
United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001) (per curiam) (interpretation and application of the Sentencing Guidelines); United States v. Aguilar-Muniz, 156 F.3d 974, 976 (9th Cir.1998) (waiver of appellate rights).
cited Cited as authority (rule) United States v. Ramirez
9th Cir. · 2003 · confidence medium
We review de novo, United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001) (per cu-riam), and we affirm.
cited Cited as authority (rule) United States v. Francisco Javier Soberanes, AKA Rolando Meza
9th Cir. · 2003 · confidence medium
United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001) (per curiam). 5 .
cited Cited as authority (rule) United States v. Alvarado-Maldonado
9th Cir. · 2002 · confidence medium
We review de novo, United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001) (per curiam), and we vacate and remand for resentencing.
discussed Cited as authority (rule) United States v. Alonzo Thornton (2×)
3rd Cir. · 2002 · confidence medium
United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir.2001); United States v. McClain, 252 F.3d 1279 , 1285 (11th Cir.2001). 1 We agree. ‘We follow the clear, unambiguous language of the Guidelines if there is no *1359 discernable manifestation of contrary intent.” United States v. Wong, 3 F.3d 667, 670 (1993).
cited Cited as authority (rule) United States v. Aguilar
9th Cir. · 2002 · confidence medium
We review de novo, United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001), and we affirm.
discussed Cited as authority (rule) United States v. Evelyn Jimenez
9th Cir. · 2002 · signal: cf. · confidence medium
Id. at 1120-21; cf. United States v. Gonzalez, 262 F.3d 867, 869-70 (9th Cir.2001) (enhancement applied where defendant made an agreement with a minor that the minor would steal money from defendant’s landlord).
cited Cited as authority (rule) United States v. James Douglas Alexander
9th Cir. · 2002 · confidence medium
It is black-letter law that “[i]f the language of a guideline is unambiguous, its plain meaning controls.” United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001).
cited Cited "see" United States v. Rodriguez
9th Cir. · 2025 · signal: see · confidence high
See United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir. 2001) (per curiam).
discussed Cited "see" United States v. James Herrera
9th Cir. · 2020 · signal: see · confidence high
See United States v. Soberanes, 318 F.3d 959 , 963 n.4 (9th Cir. 2003) (“We use traditional canons of statutory construction to interpret the sentencing guidelines.”) (citing United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir. 2001) (per curiam)).
discussed Cited "see" United States v. James Herrera
9th Cir. · 2020 · signal: see · confidence high
See United States v. Soberanes, 318 F.3d 959 , 963 n.4 (9th Cir. 2003) (“We use traditional canons of statutory construction to interpret the sentencing guidelines.”) (citing United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir. 2001) (per curiam)).
cited Cited "see" United States v. Leticia Rivas
9th Cir. · 2016 · signal: see · confidence high
See United States v. Gonzalez, 262 F.3d 867, 869-70 (9th Cir. 2001) (per curiam).
discussed Cited "see" United States v. Warner
9th Cir. · 2002 · signal: see · confidence high
See United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir.2001) (distinguishing Staples and holding that there is no implied scienter requirement associated with U.S.S.G. § 3B1.4); see also United States v. Lavender, 224 F.3d 939, 941 (9th Cir.2000) (rejecting the argument that U.S.S.G. § 2B3.1(b)(2)(E) has an implied scienter requirement).
discussed Cited "see" United States v. Quintanilla, Miguel
7th Cir. · 2002 · signal: see · confidence high
See United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir.2001) (“We decline [the defendant’s] invitation to read a scienter requirement into section 3B1.4 because the plain language of the guideline does not require that a defendant have knowledge that the individual is under eighteen years of age for the enhancement to apply.”); McClain, 252 F.3d at 1286.
cited Cited "see" United States v. Mott
1st Cir. · 2001 · signal: see · confidence high
See United States v. Gonzalez, 262 F.3d 867 , 2001 WL 946335 , *2 (9th Cir. 2001); United States v. McClain, 252 F.3d 1279 , 1285 (11th Cir.2001).
discussed Cited "see, e.g." United States v. Dominguez
9th Cir. · 2009 · signal: see also · confidence medium
See United States v. Goodell, 990 F.2d 497, 498-99 (9th Cir.1993); see also United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir.2001) (addressing a similar enhancement for use of a minor in commission of an offense); United States v. Lavender, 224 F.3d 939, 941 (9th Cir.2000) (confirming that no showing of intent to use a dangerous weapon as such is required before applying a “dangerous weapon” enhancement).
discussed Cited "see, e.g." United States v. Dominguez
9th Cir. · 2009 · signal: see also · confidence medium
See United States v. Goodell, 990 F.2d 497, 498-99 (9th Cir.1993); see also United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir.2001) (addressing a similar enhancement for use of a minor in commission of an offense); United States v. Lavender, 224 F.3d 939, 941 (9th Cir.2000) (confirming that no showing of intent to use a dangerous weapon as such is required before applying a “dangerous weapon” enhancement).
discussed Cited "see, e.g." United States v. Alvarez-Hernandez
9th Cir. · 2007 · signal: see also · confidence medium
Dist., 307 F.3d 1064, 1072 (9th Cir. 2002), and “when ‘judicial interpretations have settled the meaning of an exist- ing statutory provision, repetition of the same language in a new statute indicates, as a general matter, the intent to incor- porate its . . . judicial interpretations as well.’ ” Merrill Lynch v. Dabit, 126 S.Ct. 1503, 1513 (2006) (quoting Bragdon v. Abbott, 524 U.S. 624, 645 (1998)); accord Lorillard v. Pons, 434 U.S. 575, 581 (1978) (“[W]here, as here, Congress adopts a new law incorporating sections of a prior law, Congress nor- UNITED STATES v. ALVAREZ-HERNANDEZ…
discussed Cited "see, e.g." United States v. Figuereo
1st Cir. · 2005 · signal: see, e.g. · confidence medium
See, e.g., United States v. Gonzalez, 262 F.3d 867, 870 (9th Cir.2001); but see United States v. Schnell, 982 F.2d 216, 220-21 (7th Cir.1992) (rejecting a categorical rule that sentencing enhancements do not require a mens rea element, but concluding that the particular enhancement at issue did not violate due process despite absence of such an element).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Leticia GONZALEZ, Defendant-Appellant
00-50283.
Court of Appeals for the Ninth Circuit.
Aug 22, 2001.
262 F.3d 867
Emily S. Uhrig, Deputy Public Defender, Los Angeles, California, for defendant-appellant Leticia Gonzalez., Joseph Zwicker, Assistant United States Attorney, Los Angeles, California, for plaintiff-appellee the United States of America.
Hawkins, Tashima, Gould.
Cited by 42 opinions  |  Published
PER CURIAM:

Leticia Gonzalez appeals the 24-month sentence imposed following her guilty-plea conviction for one count of passing and possessing counterfeit currency, in violation of 18 U.S.C. § 472. Gonzalez contends that she did not know that the individual she used to commit the offense was a minor, so her sentence should not have been enhanced under U.S.S.G. § 3B1.4 (use of a minor). She further contends that the district court engaged in impermissible double-counting by applying enhancements for both use of a minor and aggravated role. See U.S.S.G. §§ 3B1.4, 3Bl.l(c) (1998). We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291, and we affirm the judgment of the district court.

Facts

Gonzalez passed $5,100 in counterfeit currency to her landlord for past-due rent. Gonzalez previously had agreed with a seventeen year-old male that, after she gave the counterfeit currency to her landlord, he would steal it back. By chance, officers observed the juvenile stealing the landlord’s purse, which contained the counterfeit money. After police discovered that the currency was counterfeit, Gonzalez was indicted. This prosecution ensued, and Gonzalez pleaded guilty to passing counterfeit currency, in violation of 18 U.S.C. § 472.

Over Gonzalez’s objections to the pre-sentence report, the district court applied a two-level enhancement for use of a minor, U.S.S.G. § 3B1.4, and a two-level enhancement for recruiting another person-the minor-in the criminal activity of recovering the counterfeit money from the landlord. See U.S.S.G. § 3Bl.l(c).

Analysis

I. 8B14 Enhancement for use of a minor

Gonzalez contends that the district court erred by not requiring the government to prove that she knew that the individual she used was a minor before applying the enhancement under U.S.S.G. § 3B1.4 (1998). We review the district court’s interpretation and application of the Sentencing Guidelines de novo. See United States v. Butler, 92 F.3d 960, 961 (9th Cir.1996). This court applies the rules of statutory construction when interpreting the guidelines. See United States v. Fellows, 157 F.3d 1197, 1200 (9th Cir.1998). If the language of a guideline is unambiguous, its plain meaning controls. See id.

[*870] Section 3B1.4 provides: “If the defendant used or attempted to use a person less than eighteen years of age to commit the offense or assist in avoiding detection of, or apprehension for, the offense, increase by 2 levels.” On its face, the guideline does not contain a scienter requirement.

Although Gonzalez concedes the absence of an express scienter requirement, she argues that the court must impute a mens rea requirement under well-established rules of criminal jurisprudence. The cases Gonzalez relies on for this proposition involved statutes defining criminal offenses, not sentencing guidelines or enhancements, in concluding that proof of mens rea is required for a conviction. See, e.g., Staples v. United States, 511 U.S. 600, 605, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994) (interpreting 26 U.S.C. § 5861(d)); Liparota v. United States, 471 U.S. 419, 426, 105 S.Ct. 2084, 85 L.Ed.2d 434 (1985) (interpreting 7 U.S.C. § 2024(b)(1)); Morissette v. United States, 342 U.S. 246, 250-51, 72 S.Ct. 240, 96 L.Ed. 288 (1952) (interpreting 18 U.S.C. § 641). Focused as they are on conviction rather than sentencing, these cases do not impute mens rea to the Sentencing Guidelines.

We reject Gonzalez’s argument that the mens rea requirement for criminal offenses generally should be applied to the Sentencing Guidelines. Indeed, we have recently clarified that “[sentencing factors ... are not separate criminal offenses and as such are not normally required to carry their own mens rea requirements.” United States v. Lavender, 224 F.3d 939, 941 (9th Cir.2000) (rejecting argument that section 2B3.1(b)(2)(E) implicitly requires a mens rea of intent), cert. denied, 531 U.S. 1098, 121 S.Ct. 828, 148 L.Ed.2d 711 (2001). [1]

We decline Gonzalez’s invitation to read a scienter requirement into section 3B1.4 because the plain language of the guideline does not require that a defendant have knowledge that the individual is under eighteen years of age for the enhancement to apply. See Fellows, 157 F.3d at 1200.

Gonzalez further contends that the absence of a scienter requirement in section 3B1.4 would violate due process. This contention fails. The application of section 3B1.4 to Gonzalez did not alter the maximum penalty, negate the presumption of innocence, relieve the government’s burden of proving the underlying offense, or create a separate offense calling for a separate penalty. See McMillan v. Pennsylvania, 477 U.S. 79, 87-88, 106 S.Ct. 2411, 91 L.Ed.2d 67 (1986) (setting out the factors to consider in determining whether a sentencing enhancement violates due process); United States v. Goodell, 990 F.2d 497, 499-500 (9th Cir.1993) (applying McMillan factors to Sentencing Guidelines enhancement).

We conclude that the district court did not err by failing to impute a mens rea requirement into section 3B1.4. See Lavender, 224 F.3d at 941. We agree with the Eleventh Circuit’s reasoning in United States v. McClain, 252 F.3d 1279, 1285 (11th Cir.2001), rejecting the argument that a defendant have knowledge of the individual’s status as a minor in order for section 3B1.4 to apply.

II. Double-counting

Gonzalez also contends that application of the enhancements under sec[*871] tion 3B1.4 (use of a minor) and U.S.S.G. § 3Bl.l(c) (leader or organizer) constituted impermissible double counting. We disagree. Impermissible double counting occurs if a “guideline provision is used to increase punishment on account of a kind of harm already fully accounted for, though not when the same course of conduct results in two different types of harm or wrongs at two different times.” See United States v. Calozza, 125 F.3d 687, 691 (9th Cir.1997). [2]

We conclude that the district court did not engage in impermissible double counting, because each enhancement accounted for a different type of harm caused by Gonzalez’s conduct. See United States v. Parker, 136 F.3d 653, 654 (9th Cir.1998) (per curiam) (concluding that double counting is permissible where more than one type of harm is caused by the defendant’s conduct); United States v. Reese, 2 F.3d 870, 895 (9th Cir.1993). Involving others in criminal wrongdoing is harmful without reference to the age of the individuals. See U.S.S.G. § 3B1.1(c). Similarly, use of a minor is harmful whether or not the defendant’s role in the offense is that of a leader or organizer. See U.S.S.G. § 3B1.4.

Finally, we reject Gonzalez’s contention that section 3B1.4 is a lesser included offense of section 3B1.1. The harm caused by the use of the minor is not fully accounted for by application of section 3Bl.l(c), and, thus, section 3B1.4 is not a lesser included offense of section 3Bl.l(c). See Reese, 2 F.3d at 895-96 (outlining analysis for lesser included offenses under the Guidelines); see also United States v. Snider, 976 F.2d 1249, 1252 (9th Cir.1992).

We conclude that the district court did not err by applying the enhancements under sections 3B1.4 and 3Bl.l(e). Accordingly, we affirm the judgment of the district court.

AFFIRMED.

1

. We recognize that in an earlier case, United States v. Goodell, 990 F.2d 497, 498-99 (9th Cir.1993), this court applied the criminal mens rea analysis to a guideline. Goodell did so, however, without any discussion of a distinction between criminal statutes and guideline enhancements. See id.

2

. We reject Gonzalez's argument that the government must prove both distinct conduct and separate harm in order to avoid impermissible double counting because the case she relies on is distinguishable. See United States v. Hernandez-Sandoval, 211 F.3d 1115, 1117 (9th Cir.2000) (concluding that separate conduct must be shown to give enhancement under U.S.S.G. § 3C1.2, comment, (n.l)). In contrast, neither section 3B1.1 nor 3B1.4 contains language limiting its application to separate conduct.