Second Circuit – Sentencing: United States v. Wynn

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United States Court of Appeals for the Second Circuit

Sentencing — Mitigating role adjustment

United States v. Wynn

22-2721-cr(L)

Judges Walker, Nardini, and Menashi

Background: The defendant appealed from his conviction of racketeering conspiracy. He was sentenced to 92 months in prison. On remand for resentencing, it was determined that the district court erred in denying the defendant a mitigating role adjustment without first addressing certain factors that might have supported one. Upon resentencing, the court explained its reasoning and imposed the same sentence.

Ruling: The Second Circuit affirmed. The court held that the sentencing court did not err in concluding that the defendant failed to establish that he was substantially less culpable than the average participant in the criminal enterprise. It was noted that the defendant stipulated that he participated in the gang’s drug trafficking operations and personally sold 42.2 grams of crack cocaine.

Nicolas Commandeur and Rajit S. Dosanjh, United States attorneys, for the appellee; Arthur R. Frost, of Frost & Kavanaugh, for the defendant-appellant.