United States Second Circuit

Defendant's amended sentence for attempted robbery is affirmed where: 1) an obstruction of justice enhancement applied to conduct that occurred with respect to an otherwise closely related case, such as that of a co-defendant; 2) except in extraordinary cases, the application of an enhancement for obstruction of justice ordinarily indicated that the defendant had not accepted responsibility to warrant a reduction in his guidelines calculation; and 3) the sentencing judge imposed a sentence within the properly calculated guideline range.

Appellate Information

• Argued 07/16/2009
• Decided 02/25/2010
• Published 02/25/2010

Judges

• RICHARD W. GOLDBERG, Judge:, Before SACK and PARKER, Circuit Judges and GOLDBERG, Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Theodore S. Green, Green & Willstatter, New York, NY, for Defendant-Appellant., Elliott B. Jacobson, Assistant United States Attorney (Katherine Polk Failla, Assistant United States Attorney, Of Counsel, on the brief), for Lev L. Dassin, Acting United States Attorney for the Southern District of New York, New York, NY, for Appellee.