United States Second Circuit

The district court's error, in calculating defendant's offense level using the expired version of the Guidelines in effect on the date the offense was committed, was plain and affected defendant's substantial rights under Fed. R. Crim. P. 52(b).

Appellate Information

• Decided 01/31/2003
• Published 01/31/2003

Judges

• MESKILL, Circuit Judge., Before:  MESKILL, SACK and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Yuanchung Lee,The Legal Aid Society, Federal Defender Division Appeals Bureau, New York City (The Legal Aid Society, Federal Defender Division Appeals Bureau, New York City, of counsel), for Appellant.


• For Appellees:
  
• Timothy S. Driscoll, Assistant United States Attorney, Eastern District of New York, Brooklyn, N.Y. (David C. James, Assistant United States Attorney, Alan Vinegrad, United States Attorney for the Eastern District of New York, Brooklyn, NY, of counsel), for Appellee.