United States Second Circuit
US v. BURGOS, 02-1234
The district court's refusal to depart downward for family circumstances is dismissed for want of jurisdiction. The facts do not support the aggravating role adjustment, thus the sentence for conspiracy to commit bank fraud is vacated.
Appellate Information
- Decided 03/25/2003
- Published 03/28/2003
Judges
- JACOBS, Circuit Judge., Before: VAN GRAAFEILAND, CARDAMONE, and JACOBS, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellees:
- Michael S. Washor and Nicholas J. Pinto, New York, New York, for Defendant-Appellant., Katherine Polk Failla, Assistant United States Attorney, New York, New York, (James B. Comey, United States Attorney for the Southern District of New York, Michael S. Kim, Assistant United States Attorney, of counsel), for Appellee.