Legal Opinion

United States v. Reyes

Court of Appeals for the Second Circuit

Decided February 19, 2009No. Docket 06-3699-crPublishedCited by 20 opinions

1Per curiam

We consider in this opinion whether an upward adjustment in sentencing pursuant to Section 5K2.2 of the United States Sentencing Guidelines (the “Guidelines” or “U.S.S.G.”), * which applies where the vic tim has suffered “significant physical injury,” constitutes impermissible “double counting” of a sentencing factor where the recommended sentencing range under the Guidelines already includes a six-level enhancement for “[permanent or [l]ife-[tjhreatening [b]odily [ijnjury.”

Defendant Juan Reyes appeals from a July 26, 2006 judgment of the United States District Court for the Eastern District…

2Cases cited12 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Sims v. BlotCourt of Appeals for the Second Circuit · 2008
  4. United States v. Ramse ThomasCourt of Appeals for the Second Circuit · 2001
  5. United States v. Patricia MorrisCourt of Appeals for the Second Circuit · 2003

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3Cited by20 opinions

  1. United States v. VizcarraCourt of Appeals for the Seventh Circuit · 2012
  2. Commissioner of Revenue v. Comcast Corp.Massachusetts Supreme Judicial Court · 2009
  3. United States v. GonzalezCourt of Appeals for the Second Circuit · 2012
  4. United States v. Jerry FranklinCourt of Appeals for the Eighth Circuit · 2012
  5. United States v. SantiagoCourt of Appeals for the Second Circuit · 2009

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