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U.S. v. MILIKOWSKY

Nos. 1386, 1387, Dockets 94-1450, 94-1492, 94-1493.

65 F.3d 4 (1995)

UNITED STATES of America, Appellee-Cross-Appellant, v. Daniel MILIKOWSKY, Defendant-Appellant-Cross-Appellee, MACC Holding Corporation, Defendant.

United States Court of Appeals, Second Circuit.

Decided August 30, 1995.

Attorney(s) appearing for the Case

Steven A. Steinbach, Washington, DC (Regina G. Maloney, Williams & Connolly, of counsel), for defendant-appellant and defendant-appellant-cross-appellee.

Marion Jetton, U.S. Department of Justice, Washington, DC (Anne K. Bingaman, Assistant Attorney General, Diane P. Wood, Deputy Assistant Attorney General, John J. Powers, III, and Peter J. Levitas, of counsel), for appellee-cross-appellant.

Before: OAKES, McLAUGHLIN and LEVAL, Circuit Judges.

OAKES, Senior Circuit Judge:

This appeal raises the issue, under the Sentencing Guidelines, whether a district court may downwardly depart in order to avoid imprisoning an antitrust offender when imprisonment would impose extraordinary hardship on the defendant's employees.

Daniel Milikowsky appeals, and the government cross-appeals, from a judgment of conviction entered August 10, 1994, following a jury trial in the United States District Court for the District...

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