Legal Opinion

United States v. Federico Giovanelli

Court of Appeals for the Second Circuit

Decided September 27, 2006No. Docket 04-5763-CRPublishedCited by 45 opinions

1Per curiam

This case requires us, inter alia, to resolve a question on which a panel of this Court has yet to speak, namely, whether United States Sentencing Guidelines (“U.S.S.G.”) § 2J1.2 should apply to a conviction for obstruction of justice under 18 U.S.C. § 1503 where the conviction is based, not on actual obstruction, but rather on an “endeavoring” theory. That is, should U.S.S.G. § 2J1.2 — which applies when “the offense involved obstructing the investigation or prosecution of a criminal offense” — apply where a defendant is convicted for endeavoring, unsuccessfully, to obstruct justice? For…

2Cases cited17 opinions

  1. United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
  2. United States v. FernandezCourt of Appeals for the Second Circuit · 2006
  3. United States v. PowellSupreme Court of the United States · 1975
  4. United States v. AguilarSupreme Court of the United States · 1995
  5. United States v. Edmund M. AutuoriCourt of Appeals for the Second Circuit · 2000

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3Cited by45 opinions

  1. United States v. VillafuerteCourt of Appeals for the Second Circuit · 2007
  2. United States v. ParkesCourt of Appeals for the Second Circuit · 2007
  3. United States v. GagliardiCourt of Appeals for the Second Circuit · 2007
  4. United States v. BindayCourt of Appeals for the Second Circuit · 2015
  5. United States v. HertularCourt of Appeals for the Second Circuit · 2009

40 more not listed; retrieve them via the Exa API.

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