Legal Opinion
United States v. Lauersen
Court of Appeals for the Second Circuit
Decided March 24, 2004No. 01-1526(L), 01-1600(XAP), 02-1338PublishedCited by 8 opinions
1Opinion of the Court
JON 0. NEWMAN, Circuit Judge.
The United States has petitioned for rehearing in each of the captioned cases to challenge our rulings that permit the sentencing judges on remand to consider a downward departure. We permitted the departure because the combined effect of substantially overlapping offense level adjustments and the increased extent of enhancement of the applicable sentencing range that occurs at the higher end of the sentencing table resulted in the overlapping adjustments adding significantly more time to the sentence ranges than would have occurred if the adjustments had been…
2Cases cited13 opinions
- United States v. Manuel Concepcion, Roberto Aponte, and Nelson FriasCourt of Appeals for the Second Circuit · 1993
- United States v. RahmanCourt of Appeals for the Second Circuit · 1999
- United States v. Gregory SofskyCourt of Appeals for the Second Circuit · 2002
- United States v. James Rinaldo JacksonCourt of Appeals for the Second Circuit · 2003
- United States v. Steven KellerCourt of Appeals for the Second Circuit · 1995
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. Bernard Jaffe, Jr.Court of Appeals for the Second Circuit · 2005
- United States v. TeyerDistrict Court, S.D. New York · 2004
- United States v. SametCourt of Appeals for the Second Circuit · 2006
- Hayes v. Williamsville Central School DistrictDistrict Court, W.D. New York · 2007
- United States of America, Appellee-Cross-Appellant v. Niels Lauersen, Defendant-Appellant-Cross-Appellee. United States of America v. James Rinaldo JacksonCourt of Appeals for the Second Circuit · 2004
3 more not listed; retrieve them via the Exa API.