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United States Second Circuit


US v. Habbas, 05-6142, 06-0427

Defendants' convictions for obstructing a federal grand jury investigation, conspiracy to make false statements to U.S. government officials, and making false statements to a government official are affirmed over claims regarding: 1) whether the government breached one defendant's plea agreement by supporting a higher Guidelines level than what it had estimated in the plea agreement; 2) ineffective assistance of counsel due to a failure to object to an upward four-level adjustment of a defendant's guidelines range; 3) whether one defendant's Sentencing Guidelines range was incorrectly calculated and his sentence was not reasonable.

Appellate Information

  • Decided 05/30/2008
  • Published 05/30/2008

Judges

  • LEVAL, Circuit Judge:, Before: LEVAL and SACK, Circuit Judges, GARAUFIS, District Judge.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • James H. Feldman, Jr., Law Offices of Alan Ellis, Ardmore, PA, (Peter Goldberger and Alan Ellis, on the brief), for Appellant Mohamed Rahman., Barry S. Turner, Law Office of Barry S. Turner, New York, NY, for Appellant Fawaz Habbas.

  • For Appellees:
  • Roger Burlingame, Assistant United States Attorney, United States Attorney's Office, Eastern District of New York, Brooklyn, NY, (David C. James and Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief), for Appellee.
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