United States Second Circuit

A court may not impose a sentence enhancement for using a short-barreled rifle during a bank robbery, under 18 USC 924(c), when the plea agreement and the indictment did not specify what type of firearm defendants used in robbery.

Appellate Information

• Decided 11/15/2000
• Published 11/15/2000

Judges

• PARKER, Circuit Judge:, Before:  VAN GRAAFEILAND, and PARKER, Circuit Judges, and UNDERHILL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Colleen Cassidy,The Legal Aid Society Federal Defender Division, Appeals Bureau, New York, NY, for Appellant Hoang Van Tran., J. Scott Porter, Esq., Syracuse, NY, for Appellant Vicheth Som.


• For Appellees:
  
• Elizabeth S. Riker, Assistant United States Attorney for the Northern District of New York (Daniel J. French, United States Attorney for the Northern District of New York, John G. Duncan, Assistant United States Attorney, on the brief), Syracuse, NY, for Appellee.