United States v. Carucci

OPINION AND ORDER

RAKOFF, District Judge.

On May 19,1998, Robert Carucci, formerly a floor broker at the New York Stock Exchange, pleaded guilty to knowingly engaging in unlawful securities trading in violation of the rules of the Exchange (and of the Securities and Exchange Commission) over a period of more than four years between 1993 and early 1998. Prior to sentencing, Carucci moved for a downward departure under Section 5K2 .13 of the Sentencing Guidelines, a “policy statement” (see 28 U.S.C. § 994(a)(2)) that provides in pertinent part that “A sentence below the applicable guideline range…