United States Second Circuit

Conviction and sentence based on guilty plea to robbing a delivery truck and kidnapping are affirmed over primary claim that imposition of an upward adjustment to defendant's offense levels based on his use of a minor in connection with the crimes was inappropriate, as the minor was a seventeen-and-a-half year old drug dealer who willingly participated in the robbery and kidnapping and was not a minor who needed protection from exploitation.

Appellate Information

• Decided 07/20/2007
• Published 07/20/2007

Judges

• LEVAL, Circuit Judge:, Before:  LEVAL, CABRANES, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Harold H. Chen, Assistant United States Attorney (Kevin J. O'Connor, United States Attorney, District of Connecticut, on the brief, James J. Finnerty & William J. Nardini, Assistant United States Attorneys, of counsel), Bridgeport, CT, for Appellee., William T. Koch, Jr., Lyme, CT, for Defendant-Appellant.