U.S. v. SACHDEV

No. 01-2413.

279 F.3d 25 (2002)

UNITED STATES of America, Appellee, v. Sanjay SACHDEV, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 1, 2002.


Attorney(s) appearing for the Case

J. Martin Richey, Federal Defender Office, for appellant.

Denise Jefferson Casper, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.


LYNCH, Circuit Judge.

At issue in this sentencing appeal is the proper standard for determining whether a defendant has been physically threatened for purposes of a downward departure under the coercion and duress guideline, U.S.S.G. § 5K2.12, p.s. (2000).

Sanjay Sachdev pled guilty to one count of bank larceny, 18 U.S.C. § 2113(b) (2000), and sought a downward departure under U.S.S.G. § 5K2.12. He argued that he committed the crime, depositing...

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