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U.S. v. HERSHKOWITZ

No. 1112, Docket 91-1700.

968 F.2d 1503 (1992)

UNITED STATES of America, Appellee, v. Howard HERSHKOWITZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 30, 1992.

Attorney(s) appearing for the Case

David Cooper, New York City, for defendant-appellant.

Gabriel W. Gorenstein, Asst. U.S. Atty., S.D.N.Y. (Otto G. Obermaier, U.S. Atty., Christopher P. Reynolds, Daniel C. Richman, Asst. U.S. Attys., New York City, of counsel), for appellee.

Before: NEWMAN and CARDAMONE, Circuit Judges, and SAND, District Judge.

CARDAMONE, Circuit Judge:

The issue on this appeal involving an assault by a detention officer is whether a prisoner may be a vulnerable victim of a criminal act done under color of law for purposes of the Sentencing Guidelines. The Sentencing Guidelines pinpoint the plight of the vulnerable victim, and increase by two levels the sentence of a defendant who knew or should have known the victim was particularly susceptible...

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