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U.S. v. VELAZQUEZ

Docket Nos. 00-1386(L), 00-1407(CON), and 00-1425(CON).

246 F.3d 204 (2001)

UNITED STATES of America, Appellee, v. Edward VELAZQUEZ, Joseph Bergen, and Patrick Regnier, Defendants-Appellants.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: April 12, 2001.

Attorney(s) appearing for the Case

Lawrence V. Carra', Mineola, N.Y. (Dennis M.M. Lemke, Mineola, N.Y., on the brief), for defendant-appellant Velazquez.

Richard J. Barbuto, Mineola, N.Y. (Alyse Wolfson, paralegal, Mineola, N.Y., on the brief), for defendant-appellant Bergen.

Peter J. Tomao, Garden City, N.Y., on the brief, for defendant-appellant Regnier.

Sanford M. Cohen, Asst. U.S. Atty., Brooklyn, N.Y. (Loretta E. Lynch, U.S. Atty., Emily Berger, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for appellee.

Before: NEWMAN, CABRANES, and STRAUB, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal by three prison guards convicted of civil rights violations concerns an outrageous episode in which two of the guards severely beat a prisoner, causing his death, and a third guard participated in a cover-up of the beating. The principal issue is whether the "underlying offense," U.S.S.G. § 2H1.1(a)(1), for purposes of sentencing the two guards who committed the fatal assault was voluntary manslaughter, as found by the...

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