U.S. v. SMITH

Docket No. 02-1606.

331 F.3d 292 (2003)

UNITED STATES of America, Appellant, v. Shawn SMITH, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 9, 2003.


Attorney(s) appearing for the Case

Jonathan S. Abernethy, Assistant United States Attorney (James B. Comey, United States Attorney for the Southern District of New York, Gary Stein, Assistant United States Attorney, on the briefs), New York, NY, for Appellant.

Philip L. Weinstein, The Legal Aid Society, Federal Defender Division, New York, NY, for Appellee.

Before: WALKER, Chief Judge, MINER and LEVAL, Circuit Judges.


LEVAL, Circuit Judge.

The Government appeals from a sentence imposed by the United States District Court for the Southern District of New York (McKenna, J.) on the defendant-appellee Shawn Smith. Smith was convicted of unlawful possession of a weapon by a convicted felon in violation of 18 U.S.C. § 922(g)(1). In passing sentence, the court accorded Smith the benefit of a downward departure from the range dictated by the United States Sentencing Guidelines...

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