United States Second Circuit

Defendant's conviction and sentence for contempt of court is affirmed over his challenges that the district court erred in 1) applying an eight-level threat enhancement, and 2) granting a motion for upward departure in Criminal History Category pursuant to U.S.S.G. section 4A1.3.

Appellate Information

• Decided 10/08/2004
• Published 10/11/2004

Judges

• JOHN M. WALKER, Jr., Chief Judge., Before:  WALKER, Chief Judge, LEVAL and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Paul S. Volk (Jason J. Sawyer, Blodgett, Watts & Volk, P.C., on the brief), Burlington, VT, for defendant-appellant., Paul J. Van De Graaf, Chief, Criminal Division (Peter W. Hall, United States Attorney for the District of Vermont, David V. Kirby, First Assistant United States Attorney, on the brief), Burlington, VT, for appellee.