United States Second Circuit

Sentence remanded where the court's two-level sentencing enhancement under Section 2B1.1(b)(3) was based on an erroneous conclusion that the documents used by defendant were obtained through theft from the person of another.

Appellate Information

• Decided 11/14/2003
• Published 11/14/2003

Judges

• DANIELS, District Judge., Before:  SACK, SOTOMAYOR, Circuit Judges, and DANIELS, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Steven D. Feldman, Assistant United States Attorney, (Andrew J. Ceresney, Assistant United States Attorney, on the brief), for James B. Comey, United States Attorney for the Southern District of New York, for appellee., David A. Lewis, The Legal Aid Society, Federal Defender Division, Appeals Bureau, for defendant-appellant.