United States Second Circuit

The resulting physical, emotional and psychological injury to the victim is the sole determinant of whether sentencing enhancements are justified per U.S.S.G. section 2A2.1(b)(1). Joint trial with brother and co-conspirator did not result in such prejudice as to warrant a reversal of district court's denial of defendant's motion for a severance.

Appellate Information

• Decided 12/10/2003
• Published 12/10/2003

Judges

• CALABRESI, Circuit Judge., Before:  MINER, CALABRESI, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Daniel S. Dorsky, Assistant United States Attorney, for Roslynn R. Mauskopf, United States Attorney, Eastern District of New York (Jo Ann M. Navickas, Assistant United States Attorney, of counsel), for Appellee., Gail E. Laser, New York, NY, for Defendant-Appellant.