United States Second Circuit

Defendant successfully challenges his sentence for drug possession where the district court erred in enhancing his sentence for abuse of position of trust pursuant to U.S.S.G. section 3B1.3.

Appellate Information

• Decided 10/01/2004
• Published 10/01/2004

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  FEINBERG and CABRANES, Circuit Judges, and KRAVITZ, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Louis R. Aidala, New York, NY, for Defendant-Appellant-Cross-Appellee., Lee J. Freedman, Assistant United States Attorney (Emily Berger, Assistant United States Attorney, of counsel;  Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellee-Cross-Appellant.