United States Second Circuit

A sentence judgment which imposed concurrent terms of 282 months for a Hobbs Act robbery and a career criminal firearms possession violation, plus a consecutive mandatory minimum term of 10-years for discharging a firearm is remanded for resentencing where a consecutive minimum 10-year sentence for discharge of firearm was inapplicable to a defendant subjected to a higher 15-year minimum sentence as an armed career criminal.

Appellate Information

• Decided 06/16/2008
• Published 06/16/2008

Judges

• JON O. NEWMAN, Circuit Judge., Before:  NEWMAN, SACK, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Kim P. Bonstrom, Bonstrom & Murphy, Shelter Island, N.Y., for Defendant-Appellant., Anjan Sahni, Asst. U.S. Atty., New York, N.Y. (Michael J. Garcia, U.S. Atty., Justin S. Weddle, Asst. U.S. Atty., New York, N.Y., on the brief), for Appellee.