United States Second Circuit

A downward departure granted by the district court was unwarranted, in part because of the mandate in Carpenter I, that defendant shall be sentenced at a base offense level of 14 and a criminal history category of I, and in part on the merits.

Appellate Information

• Decided 02/25/2003
• Published 02/26/2003

Judges

• SACK, Circuit Judge., Before:  CALABRESI, POOLER, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Elizabeth S. Riker, Assistant United States Attorney (Joseph A. Pavone, United States Attorney for the Northern District of New York, of counsel), Syracuse, NY, for Appellant.


• For Appellees:
  
• Samuel C. Young, Costello, Cooney & Fearon, LLP, Syracuse, NY, for Defendant-Appellee.