United States Second Circuit

Conviction and sentence for crimes arising out of participation in a botched robbery targeting drugs and drug proceeds, during which the victim was shot and killed by one of defendant's two coconspirators, are affirmed where sufficient evidence was introduced as to the attempted robbery. The sentence is vacated to allow corrections of certain errors in sentence calculations.

Appellate Information

• Decided 08/15/2007
• Published 08/15/2007

Judges

• DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, McLAUGHLIN and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• James M. Branden, Law Office of James M. Branden, New York, NY, for Defendant-Appellant., Richard C. Daddario, Assistant United States Attorney (Celeste L. Koeleveld, Assistant United States Attorney, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Appellee.