United States Second Circuit

Conviction and sentence based on plea to distribution and possession with the intent to distribute and conspiracy to distribute ecstasy are affirmed over claims that the district court erred by: 1) assessing a criminal history point for each of two prior shoplifting convictions; 2) declining to credit defendant for acceptance of responsibility based on his failure to admit one of the overt acts of the conspiracy to which he pled; 3) assigning a criminal history point to a conviction for disorderly conduct; and 4) making certain findings by a preponderance of the evidence.

Appellate Information

• Decided 05/15/2007
• Published 05/15/2007

Judges

• DENNIS JACOBS, Chief Judge., Before:  JACOBS, Chief Judge, CARDAMONE and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Arza Feldman and Steven A. Feldman, Feldman & Feldman, Uniondale, NY, for Defendant-Appellant., Steven D. Feldman, Assistant United States Attorney (Celeste L. Koeleveld, on the brief), for Michael J. Garcia, United States Attorney, Southern District of New York, for Appellee.