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U.S. v. KAYE

No. 1407, Docket 93-1712.

23 F.3d 50 (1994)

UNITED STATES of America, Appellee, v. Daniel K. KAYE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 2, 1994.

Attorney(s) appearing for the Case

John R. Gulash, Jr., Bridgeport, CT (Gulash & Fleischmann, Bridgeport, CT, on the brief), for defendant-appellant.

Nora R. Dannehy, Asst. U.S. Atty., Hartford, CT (Christopher F. Droney, U.S. Atty., New Haven, CT, on the brief), for appellee.

Before: NEWMAN, Chief Judge, TIMBERS and PRATT, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This appeal challenging an upward departure in imposing a sentence illustrates the often overlooked possibility of a departure, either upward or downward, based on an aggravating or mitigating circumstance that is present to a degree not adequately considered by the Commission in formulating the Sentencing Guidelines. Daniel K. Kaye, a registered stockbroker, appeals from a judgment of the District Court for the District of Connecticut...

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