United States Second Circuit

It was error for the district court to find that defendant did not have possession of or ready access to a dangerous weapon, for purposes of U.S.S.G. section 2E2.1(b)(1)(C), during the commission of the criminal offense.

Appellate Information

• Decided 05/05/2004
• Published 05/05/2004

Judges

• KATZMANN, Circuit Judge., Before:  SOTOMAYOR, KATZMANN, KEITH, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Anthony M. Bruce, Assistant United States Attorney, for Michael A. Battle, United States Attorney, Western District of New York, for Appellant United States of America.


• For Appellees:
  
• John J. Molloy, West Seneca, N.Y., for Defendant-Appellee Vincent Sicurella.