United States Second Circuit

In a conviction following a guilty plea for bank burglary, principal sentence to seven years imprisonment pursuant to an upward departure is affirmed where: 1) U.S.S.G. section 2B2.1(b)(4) required only possession of a dangerous weapon and applied even if defendant did not use the object in question as a weapon in the course of committing the crime; and 2) the sentence was procedurally and substantively reasonable.

Appellate Information

• Decided 02/03/2009
• Published 02/03/2009

Judges

Court

• United States Second Circuit

Counsel