Legal Opinion

United States v. Lucania

District Court, E.D. New York

Decided July 28, 2005No. CR04410CPSPublishedCited by 13 opinions

1Opinion of the Court

SENTENCING MEMORANDUM & OPINION

SIFTON, Senior District Judge.

Anthony Lucania and Gerard Cavera were named in an indictment on June 29, 2004. Lucania pled guilty to a single count of illegally dealing in firearms in violation of 18 U.S.C. § 922(a)(5). Cavera pled guilty to conspiring to deal in and transport firearms in violation of 18 U.S.C. § 922(a)(1)(A) & (5). These defendants are presently before the Court for sentencing. For the reasons that follow,, the Court will consider a non-Guidelines sentence for each defendant.

Discussion

The Supreme Court held in United States v. Booker , — U.S.…

2Cases cited24 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Ring v. ArizonaSupreme Court of the United States · 2002
  5. Koon v. United StatesSupreme Court of the United States · 1996

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

3Cited by13 opinions

  1. United States v. CaveraCourt of Appeals for the Second Circuit · 2008
  2. United States v. Karl CunninghamCourt of Appeals for the Seventh Circuit · 2005
  3. United States v. VigilDistrict Court, D. New Mexico · 2007
  4. United States v. CaveraCourt of Appeals for the Second Circuit · 2007
  5. United States v. WachowiakDistrict Court, E.D. Wisconsin · 2006

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

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