Second Circuit – Sentencing: United States v. Dralle

Listen to this article

United States Court of Appeals for the Second Circuit

 Sentencing — Co-defendant’s violent conduct — Plain error

United States v. Dralle

24-2424

Judges Sullivan, Bianco, and Robinson

Background: defendant appealed from his conviction of illegal receipt of trafficked firearms. He argues that the court procedurally erred by imposing an above-guidelines sentence because it considered uncharged conduct by the defendant while on bail that was not proven by the preponderance of the evidence and a co-defendant’s participation in two shootings that did not arise from any joint criminal activity.

Ruling: The Second Circuit vacated and remanded. The court held that there was no allegation that the co-defendant participated in any joint criminal undertaking or conspiracy or that the defendant was even aware of any prior activity by the co-defendant. The co-defendant’s participation in prior shootings was not relevant to the defendant’s receipt of a firearm from the co-defendant and the district court failed to articulate the proper basis for consideration of the co-defendant’s violent conduct. This was plain error.

Kenneth L. Gresham, assistant United States attorney, for the appellee; Kathleen E. Dion, of Robinson & Cole, for the defendant-appellant.

Oral argument audio