United States Second Circuit

Guidelines sentence of 168 months and 5 years supervised release is upheld where defendant's constructive possession of firearms in connection with his drug offenses, in which firearms were in his personal dominion and control, render him ineligible for safety valve relief under 18 U.S.C. section 3553(f) and U.S.S.G. section 5C1.2 and for a reduction in his offense level under U.S.S.G. section 2D1.1(b)(9).

Appellate Information

• Decided 05/02/2006
• Published 05/02/2006

Judges

• LEVAL, Circuit Judge., Before:  WALKER, Chief Judge, LEVAL, SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Sanford Talkin, Talkin, Muccigrosso & Roberts, New York, NY, for Defendant-Appellant., Michael J. Garcia, United States Attorney for the Southern District of New York (Anirudh Bansal, John Hillerbrecht, Assistant United States Attorneys, of counsel), for Appellee.