United States Second Circuit

An upward departure in sentencing means a departure starting from the guideline provided for the offense of conviction, whether the departure is based on an analogous guideline provision or on any other rationale, and the sentencing court's error in identifying the proper base offense level in computing upward departure required vacation of sentence and remand.

Appellate Information

• Decided 02/28/2002
• Published 02/28/2002

Judges

• MINER, Circuit Judge., Before:  KEARSE, MINER, and F.I. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Edward Zas,The Legal Aid Society, Federal Defender Division-Appeals Bureau, New York, NY, for Defendant-Appellant., Evan T. Barr, Assistant United States Attorney, New York, NY (Mary Jo White, United States Attorney for the Southern District of New York, on the brief), for Appellee.