United States Second Circuit

Conviction of firearms violations and sentence pursuant to USSG section 2K2.1(a)(5), which incorporates by reference 18 U.S.C. section 921(a)(30), a provision that had been repealed at the time of defendant's sentencing, is affirmed over claim that the district court erred in calculating his base offense level.

Appellate Information

• Decided 03/23/2006
• Published 03/24/2006

Judges

• PER CURIAM., Before:  SOTOMAYOR and RAGGI, Circuit Judges, and CEDARBAUM, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Robert J. Boyle, New York, NY, for Defendant-Appellant., E. Danya Perry, Assistant United States Attorney (Michael J. Garcia, United States Attorney, on the brief;  John M. Hillebrecht, Assistant United States Attorney, of counsel), Southern District of New York, New York, NY, for Appellee.