U.S. v. CLARK

No. 97-1132.

128 F.3d 122 (1997)

UNITED STATES of America, Appellee, v. David J. CLARK, Jr., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 6, 1997.


Attorney(s) appearing for the Case

Kent B. Sprotbery, Leslie & Sprotbery, Delmar, NY, for defendant-appellant.

Sara M. Lord, Asst. U.S. Atty., Albany, NY (Thomas J. Maroney, U.S. Atty., Albany, NY, on the brief), for appellee.

Before: NEWMAN, CALABRESI and CUDAHY,


JON O. NEWMAN, Circuit Judge:

This appeal presents a rare instance where uncertainty exists as to a sentencing judge's awareness of departure authority. David J. Clark, Jr., appeals from the February 21, 1997, judgment of the District Court for the Northern District of New York (Lawrence E. Kahn, Judge), sentencing him to 51 months' imprisonment, following his guilty plea to one count of unlawful possession of a firearm by a felon, in violation of 18 U.S.C. §...

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