United States Second Circuit

Defendant's conspiracy to commit murder sentence is vacated and remanded where the district court erred by denying the government's request for imposition of a terrorism enhancement because the district court failed to consider application of the "intended to promote" prong of U.S.S.G. section 3A1.4 and also misconstrued the "involved" prong.

Appellate Information

• Argued 12/10/2008
• Decided 06/14/2010
• Published 06/14/2010

Judges

• DEBRA ANN LIVINGSTON, Circuit Judge:, Before POOLER, RAGGI, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Sean Michael Maher, Wahid, Vizcaino & Maher LLP, New York, NY, for Defendant-Appellant-Cross-Appellee Khalid Awan., Kelly T. Currie, Assistant United States Attorney (David C. James, Marshall L. Miller, Karin Klapper Orenstein, Andrew E. Goldsmith, Assistant United States Attorneys, on the brief), for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee-Cross-Appellant United States of America.