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U.S. v. SHUSTER

Docket Nos. 02-1417L, 02-1487XAP.

331 F.3d 294 (2003)

UNITED STATES of America, Appellee-Cross-Appellant, v. Harry SHUSTER, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 10, 2003.

Attorney(s) appearing for the Case

Jeremy Maltby, New York, N.Y. (Alan M. Cohen, Scott A. Thompson, O'Melveny & Myers, LLP, New York, N.Y., on the brief), for Defendant-Appellant.

Ronald G. White, Asst. U.S. Atty., Brooklyn, N.Y. (Roslynn R. Mauskopf, U.S. Atty., David C. James, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for Appellee.

Before: JON O. NEWMAN, POOLER, and KATZMANN, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal in a criminal case merits a brief opinion only to indicate a circumstance in which a reviewing court need not adjudicate a Sentencing Guidelines dispute, in this instance a claim by the Government that a sentencing judge erred in declining to make an upward adjustment that the Government contends was required. Harry Shuster appeals from the July 12, 2002, judgment of the District Court for the Eastern District of New York...

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