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In a bar called Barb's Barn down the street, Valerie was having a drink. Dorothy walked into the bar, grabbed Valerie by the arm and dragged her outside onto the street. As Valerie was dragged, she saw that Dorothy gripped a gun in her hand. On the street, Dorothy pointed the gun at Valerie and yelled, "You are going to die." Then Dorothy waved the gun in the air, threatening to fire it at the bar, at the sky, at Valerie, but never fired. Then, after holding Valerie at gunpoint for five minutes, Dorothy hit Valerie on the back of the head, pistol whipping her, so that she fell to the ground. Valerie was not injured. Currently, in most federal circuits, despite the fact that Dorothy threatened Valerie with a brandished gun that she carried into the bar with her while David picked up the nearest chair and threw it without brandishing or threatening, David and Dorothy will receive the same sentence for their crimes. Courts hold that each committed an aggravated assault while "otherwise using"2 a dangerous weapon under the United States Federal Sentencing Guidelines ("Guidelines" or "USSG"), but because neither committed another felony during the

Aggravated Assaults with Chairs versus Guns: Impermissible Applied Double Counting under the Sentencing Guidelines