Legal Opinion

United States v. Edward Velazquez, Joseph Bergen, and Patrick Regnier

Court of Appeals for the Second Circuit

Decided April 12, 2001No. Docket 00-1386(L), 00-1407(CON) and 00-1425(CON)PublishedCited by 31 opinions

1Opinion of the Court

JON 0. NEWMAN, Circuit Judge.

This appeal by three prison guards convicted of civil rights violations concerns an outrageous episode in which two of the guards severely beat a prisoner, causing his death, and a third guard participated in a cover-up of the beating. The principal issue is whether the “underlying offense,” U.S.S.G. § 2Hl.l(a)(l), for purposes of sentencing the two guards who committed the fatal assault was voluntary manslaughter, as found by the District Court; involuntary manslaughter, as urged by the Appellants; or second-degree murder, as suggested by the Government. That…

2Cases cited28 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Old Chief v. United StatesSupreme Court of the United States · 1997
  4. Alabama v. SmithSupreme Court of the United States · 1989
  5. United States & Interstate Commerce Commission v. American Railway Express Co.Supreme Court of the United States · 1924

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3Cited by31 opinions

  1. United States v. Al-MoayadCourt of Appeals for the Second Circuit · 2008
  2. United States v. SerawopCourt of Appeals for the Tenth Circuit · 2005
  3. United States v. John Palladino, Vincent GuerrieriCourt of Appeals for the Second Circuit · 2003
  4. United States v. Michael SlagerCourt of Appeals for the Fourth Circuit · 2019
  5. United States v. ByrneCourt of Appeals for the First Circuit · 2006

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

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