U.S. v. BURGOS

Docket No. 02-1234.

324 F.3d 88 (2003)

UNITED STATES of America, Appellee, v. Rafael BURGOS; LNU1-00CR0744-003, Defendants, Alan Dyckman, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 25, 2003.


Attorney(s) appearing for the Case

Michael S. Washor and Nicholas J. Pinto, New York, New York, for Defendant-Appellant.

Katherine Polk Failla, Assistant United States Attorney, New York, New York, (James B. Comey, United States Attorney for the Southern District of New York, Michael S. Kim, Assistant United States Attorney, of counsel), for Appellee.

Before: VAN GRAAFEILAND, CARDAMONE, and JACOBS, Circuit Judges.


JACOBS, Circuit Judge.

Defendant-Appellant Alan Dyckman appeals the sentence imposed in the United States District Court for the Southern District of New York (Pauley, J.), following Dyckman's guilty plea to conspiracy to commit bank fraud. Dyckman challenges a three-point upward adjustment to his base offense level premised on his role as manager or supervisor, and the court's refusal to depart downward to accommodate...

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