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U.S. v. ASKA

Docket No. 01-1613.

314 F.3d 75 (2002)

UNITED STATES of America, Appellee, v. Casmine Terrence ASKA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 30, 2002.

Attorney(s) appearing for the Case

Elan Gerstman (Robert J. Krakow, on the brief), New York, NY, for Defendant-Appellant.

Harry Sandick, Assistant United States Attorney (James B. Comey, United States Attorney for the Southern District of New York, David Raymond Lewis, Assistant United States Attorney, on the brief), New York, NY, for Appellee.

Before WALKER, Chief Judge, MINER and CABRANES, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

This appeal presents an issue of first impression in the Second Circuit: whether in sentencing a defendant for failure to surrender to serve a previously imposed sentence, a district court engages in impermissible double counting by adding two criminal history points because the offense was committed while the defendant was under a criminal justice sentence, namely, the sentence for which he failed to surrender. We conclude that although...

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