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Second Circuit – Sentencing guidelines: United States v. Pica
Daily Record Staff//August 23, 2024//
United States Court of Appeals for the Second Circuit
Sentencing Guidelines
Murder – Robbery
20-3677
Judges Livingston, Kearse, and Carney
Background: The defendant challenged his sentence of 264 months in prison, arguing that the Section 2A1.1 of the sentencing guidelines for first-degree murder were misapplied to him. He argued that as he was convicted of conspiracy to commit robbery and attempted robbery, so Section 2B3.1 ought to have applied instead.
Ruling: The Second Circuit affirmed. The court held that Section 2A1.1 was properly applied pursuant to Section 2B3.1(c)’s cross-reference thereto based on the court’s determination that the defendant’s participation in the act of murdering the robbery victim was relevant conduct under this section.
Frank Turner Buford, assistant United States attorney, for the appellee; Matthew B. Larsen, of the Federal Defenders of New York Appeals Bureau, for the defendant-appellant.
Case Digests
- Fourth Department – Collateral estoppel: Busch v. County of Erie, et al.
- Court of Appeals – Best evidence rule: People v. Coggins
- Fourth Department – Unlawful inventory search: People v. Boatwright
- Second Circuit – Fossil-fuel powered appliances: Assoc. of Contracting Plumbers v. CNY; Mulhem Gas Co., v. Mosley
- Fourth Department – Dismissal of the indictment: People v. Anderson
- Fourth Department – Municipal liability: Battey v. Village of Youngstown
- Fourth Department – Notice of claim: Cindy W. v. Waterloo Central School Dist.
- Court of Appeals – Hateful Conduct Law: Volokh, et al. v. James
- Second Circuit – Free Exercise: Miller v. McDonald
- Court of Appeals – Recording police activity: Reyes v. City of New York
- Second Circuit – Tax liens and levies: Besicorp v. Commissioner of Internal Revenue
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- Rochester attorney Donald O. Chesworth Jr. has died
- Split NY appeals court affirms conviction in kidnapping of daughter
- Greece man accused of stealing from class-action settlement funds
- NY AG investigating Schuyler County death involving DOCCS officer
- Rochester man files suit over ‘warning notice’ from ICE
- Lawsuit dismissed in Rochester police chase car crash
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