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U.S. v. STORY

No. 225, Docket 89-1239.

891 F.2d 988 (1989)

UNITED STATES of America, Appellant, v. George STORY and Curtis Jones, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 8, 1989.

Attorney(s) appearing for the Case

Mervyn Hamburg, Asst. U.S. Atty., Albany, N.Y. (Frederick J. Scullin, Jr., John J. McCann, Asst. U.S. Atty., Albany, N.Y., on the brief), for appellant.

Arthur J. Viviani, New York City, for defendant-appellee, George Story.

John W. Mitchell, New York City (Arie Bucheister, LaRossa, Mitchell & Ross, New York City, on the brief), for defendant-appellee Curtis Jones.

Before NEWMAN, PRATT and MAHONEY, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal presents the issue of whether district courts must apply the Sentencing Guidelines with respect to so-called "straddle crimes" — continuing offenses begun before November 1, 1987, when the Guidelines went into effect, and continuing after that date. The United States appeals from the April 19, 1989, judgment of the District Court for the Northern District of New York (Con. G. Cholakis, Judge). The Government seeks review...

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