United States Second Circuit

In a sentencing proceeding wherein the district court applied a four-level enhancement to defendant's base offense level after finding, by a preponderance of the evidence, that defendant had used or possessed a firearm in connection with another felony offense, judgment is affirmed where: 1) the district court applied the correct standard of proof to the facts supporting the enhancement; 2) the sentence imposed was reasonable; and 3) the doctrine of constitutional avoidance did not apply to invalidate the sentence imposed.

Appellate Information

• Decided 05/09/2008
• Published 05/09/2008

Judges

• PER CURIAM:, Before WINTER and HALL, Circuit Judges, and KRAVITZ, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Donna Newman, Law Office of Donna Newman, Esq., New York, NY, for Defendant-Appellant., Parvin Daphne Moyne, Assistant United States Attorney, Southern District of New York (Cathy Seibel, Deputy United States Attorney, on the brief), for Michael J, Garcia, United States Attorney, Southern District of New York, NY, for Appellee.