United States Second Circuit

Conviction and sentence for conspiracy to commit Hobbs Act robbery is affirmed where: 1) the district court did not err in calculating defendant's Sentencing Guidelines range as it properly considered the robberies as objects of the conspiracy even though the robberies were not identified as objects of the conspiracy in the conspiracy count of the indictment; and 2) the court properly enhanced defendant's sentence sentence based on its finding that the robberies were objects of the overall conspiracy of which defendant was convicted, despite being acquitted of the robbery charge itself.

Appellate Information

• Decided 04/09/2009
• Published 04/09/2009

Judges

• PER CURIAM., Before:  CHESTER J. STRAUB, PETER W. HALL, Circuit Judges, and RICHARD K. EATON, Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Marcus A. Asner, Assistant United States Attorney (Jonathan S. Kolodner, Assistant United States Attorney, on the brief), for Lev L. Dassin, Acting United States Attorney for the Southern District of New York, New York, NY.


• For Appellees:
  
• Lloyd Epstein, Epstein & Weil, Lawrence K. Feitell, New York, NY, Peter J. Guadagnino, Elizabeth, NJ, for Defendants-Appellants.