United States Second Circuit

Defendant-Johnson's sentence for extortion is vacated as the district court erred in enhancing his sentence on the basis of a co-conspirator's act of murder. Defendant-Hunter's sentence is also vacated for a more particularized determination of the amount of loss caused by defendant-Hunter.

Appellate Information

• Decided 08/09/2004
• Published 08/09/2004

Judges

• JOSE A. CABRANES, Circuit Judge., Before:  VAN GRAAFEILAND, CABRANES and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Stephen P. Scaring (Faith A. Friedman, of counsel;  Perry S. Reich, on the brief), Garden City, NY, for Defendant-Appellant Johnson., Marilyn S. Reader, Larchmont, NY, for Defendant-Appellant Carnes., Andrew A. Rubin, Mancuso, Rubin & Fufidio, White Plains, NY, for Defendant-Appellant Hunter., Mylan L. Denerstein, Assistant United States Attorney (Jacob W. Buchdahl, Gary Stein, Assistant United States Attorneys, of counsel;  James B. Comey, United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.