Legal Opinion

United States v. Cavera

Court of Appeals for the Second Circuit

Decided December 4, 2008No. Docket 05-4591-crPublishedCited by 876 opinions

1Opinion of the Court

DefendanL-Appellant Gerard Cavera appeals from a judgment entered on August 23, 2005 in the United States District Court for the Eastern District of New York.1 Cavera pled guilty to a firearms trafficking offense. The district court imposed an above-Guidelines sentence after finding that the Sentencing Guidelines failed to take into account the need to punish more severely those who illegally transport guns into areas like New York City. On appeal, Cavera contends, among other things, that the district court erred when it relied on local conditions to justify a higher sentence.

A panel of this…

2Cases cited30 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Gall v. United StatesSupreme Court of the United States · 2007
  4. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  5. Rita v. United StatesSupreme Court of the United States · 2007

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3Cited by876 opinions

  1. United States v. IreyCourt of Appeals for the Eleventh Circuit · 2010
  2. United States v. RigasCourt of Appeals for the Second Circuit · 2009
  3. United States v. DorveeCourt of Appeals for the Second Circuit · 2010
  4. United States v. Flores-MachicoteCourt of Appeals for the First Circuit · 2013
  5. United States v. BroxmeyerCourt of Appeals for the Second Circuit · 2012

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