In U.S. v. Register, No. 11-12773 (May 4, 2012), the Court held that the sentencing court erroneously failed to group all of Register’s tax related offenses into a single group pursuant to U.S.S.G. § 3D1.2(b) or (d).
The Court found that the offenses, though subject to two different Guidelines, were "of the same general type" and "closely related." The Court also noted the "substantial [factual] overlap" among the offenses. The Court noted that there is no requirement for grouping that counts involve a common criminal objective or a common scheme; the counts can arise from various schemes.
