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| United States v. Grant, Nos. 05-6928-cr(L), 05-6929-cr(CON),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 21, 2007, Decided
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Overview: Because defendant expressly adopted the facts set forth in the presentence report--including those facts relating to his Canadian convictions--"without qualification," the district court, in deciding to depart upwardly, properly employed "reliable information" within the meaning USSG § 4A1.3(a)(1).
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| United States v. Villafuerte, Docket No. 06-1292-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 21, 2007, Decided
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Overview: Even if the district court erred in concluding that the U.S. Sentencing Guidelines Manual (Guidelines) accounted for all the § 18 U.S.C.S. § 3553(a) factors, the error was not plain because the district court considered the Guidelines as a starting point and found that defendant's arguments for a non-Guidelines sentence did not merit deviation.
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