United States Second Circuit

In an appeal from sentencing for making false statements to the U.S. Attorneys Office and the FBI, in violation of 18 U.S.C. section 1001, the district court had discretion, and must decide whether to exercise discretion, to depart upward pursuant to U.S.S.G. section 2B1.1 to account for defendant's "aggravating, non-monetary objective." (Amended opinion)

Appellate Information

• Decided 09/10/2003
• Published 09/10/2003

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  OAKES, McLAUGHLIN and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Peter G. Neiman (Celeste L. Koeleveld and Meir Feder, Assistant United States Attorneys, of counsel;  James B. Comey, United States Attorney for the Southern District of New York, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellant.


• For Appellees:
  
• Ivan S. Fisher, New York, NY, for Defendant-Appellee.