Legal Opinion

United States v. Grillo

Court of Appeals for the Second Circuit

Decided October 8, 2004No. 04-0071Published

1Opinion of the Court

CORRECTED SUMMARY ORDER

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be and hereby is AFFIRMED.

Defendant Joseph Grillo appeals his sentence, challenging a two-level enhancement for abuse of trust, see U.S.S.G. § 3B1.3, and the district court’s refusal to depart downward on the basis of the defendant’s diminished capacity, see id. § 5K2.13. For the following reasons, we affirm the district court’s application of the enhancement and dismiss that portion of Grillo’s appeal that challenges the district court’s refusal to depart.

We…

2Cases cited10 opinions

  1. United States v. Tyshea Mincey, Also Known as Tyshea Ferrell, and Deshawn Ferrell, Also Known as Barry ShawnCourt of Appeals for the Second Circuit · 2004
  2. United States v. FanfanSupreme Court of the United States · 2004
  3. United States v. BookerSupreme Court of the United States · 2004
  4. United States v. Kay Wright and Leslie Wright, AKA Leslie White, Les WhiteCourt of Appeals for the Second Circuit · 1998
  5. United States v. CampoCourt of Appeals for the Second Circuit · 1998

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