United States Second Circuit

Sentence for assault in aid of racketeering activity is upheld where the district court did not engage in impermissible "double counting" of a sentencing factor when it departed upward from the recommended statutory sentencing guidelines pursuant to U.S.S.G. section 5K2, as the upward adjustment was reasonable and not legal error or an abuse of discretion.

Appellate Information

• Decided 02/19/2009
• Published 02/19/2009

Judges

• PER CURIAM:, Before:  LEVAL, CABRANES, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Glenn A. Obedin, Central Islip, NY, for Defendant-Appellant., Richard P. Donoghue, Assistant United States Attorney (United States Attorney Benton J. Campbell, and Assistant United States Attorney Emily Berger, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellee.