United States Second Circuit

Sentence for three counts related to the illegal sale of firearms is: 1) affirmed as to the district court's rejection of a downward departure and variance in defendant's sentence; but 2) remanded as to the imposition of a sentencing enhancement under U.S.S.G. section 2K2.1(b)(6)(B) which constituted prohibited double-counting; and 3) remanded as to adjustments made under U.S.S.G. sections 3C1.1 and 3E1.1 that were not supported by required factual findings.

Appellate Information

• Published 2016/01/29

Judges

• CABRANES

Court

• United States Second Circuit

Counsel