United States Second Circuit

Conviction and sentence for conspiracy to commit robbery is affirmed over claims that: 1) defendant's sentence is procedurally unreasonable because the district court gave too much weight to the guideline range and too little weight to the other factors enumerated in 18 U.S.C. section 3553(a); and 2) the district court erred in applying the U.S.S.G. section 2B3.1(b)(2)(C) firearm enhancement as there was insufficient evidence that defendant specifically intended the possession or brandishing of a firearm.

Appellate Information

• Decided 03/01/2007
• Published 03/01/2007

Judges

• PER CURIAM., Before:  JACOBS, Chief Judge, SACK, Circuit Judge, OBERDORFER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Donna R. Newman, New York, NY, for Appellant.


• For Appellees:
  
• Edward C. O'Callaghan, Assistant United States Attorney, (Michael J. Garcia, United States Attorney for the Southern District of New York, on the brief;  Robin L. Baker, Assistant United States Attorney, of counsel), for Appellee.