United States v. Jack Barresi
Court of Appeals for the Second Circuit
1Opinion of the Court
CALABRESI, Circuit Judge.
Frank Barresi pled guilty to implicating falsely a United States citizen of Pakistani descent in the terrorist attacks of September 11, 2001. The district court (Gershon, J.) found an upward departure warranted. The court based on its decision both on the nonmonetary harms caused by the offense and its interference with government functions, neither of which is adequately taken into account in the Sentencing Guidelines. This determination is not challenged on appeal. In gauging the proper extent of departure, however, it appears that the court considered not only the…
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