United States Second Circuit

Under USSG 3B1.2, a court can only grant a downward departure for being a minor participant in a conspiracy if defendant's role in a conspiracy was substantially less than the average participant in the conspiracy, not merely less than other conspirators.

Appellate Information

• Decided 06/08/2001
• Published 06/08/2001

Judges

• MESKILL, Circuit Judge:, Before:  MESKILL, LEVAL and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Daniel J. French, United States Attorney, Elizabeth S. Riker, Assistant United States Attorney, Northern District of New York, Syracuse, NY, on the brief, for Appellant.


• For Appellees:
  
• Walter N. Munson, Syracuse, NY, for Appellee., Philip L. Weinstein, The Legal Aid Society, Federal Defender Division Appeals Bureau, New York City, for Appellee.