(Download) "United States v. Shuster" by Second Circuit U.S. Court Of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: United States v. Shuster
- Author : Second Circuit U.S. Court Of Appeals
- Release Date : January 10, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This appeal in a criminal case merits a brief opinion only to indicate a circumstance in which a reviewing court need not adjudicate a Sentencing Guidelines dispute, in this instance a claim by the Government that a sentencing judge erred in declining to make an upward adjustment that the Government contends was required. Harry Shuster appeals from the July 12, 2002, judgment of the District Court for the Eastern District of New York (John Gleeson, District Judge) sentencing him principally to six years of imprisonment for securities fraud and money-laundering offenses. He complains primarily of various alleged trial errors. The Government cross-appeals, contending that the District Court should have made a four-level increase in the Defendants adjusted offense level because his offense involved a fraud "affecting" a financial institution within the meaning of U.S.S.G. § 2F1.1(b)(6)(B). We conclude that the Governments contention need not be adjudicated because the record makes clear that, even if the enhancement were required, the District Judges departure down to six years would remain unaffected. The Defendants contentions have been rejected in a summary order filed today. We therefore affirm on the appeal and the cross-appeal.