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U.S. v. LAUERSEN

No. 01-1526(L), 01-1600(XAP), 02-1338.

362 F.3d 160 (2004)

UNITED STATES of America, Appellee-Cross-Appellant, v. Niels LAUERSEN, Defendant-Appellant-Cross-Appellee. United States of America, Appellee, v. James Rinaldo Jackson, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Finally submitted: January 30, 2004.

Decided: March 24, 2004.

Attorney(s) appearing for the Case

Nathaniel Z. Marmur, New York, N.Y. (Stillman & Friedman, P.C., New York, N.Y., David I. Schoen, Montgomery, Ala., on the brief), for Defendant-Appellant-Cross-Appellee Lauersen.

Vida M. Alvy, Great Neck, N.Y. (Gail Jacobs, Great Neck, N.Y., on the brief), for Defendant-Appellant Jackson.

James G. Cavoli, Asst. U.S. Atty., New York, N.Y. (James B. Comey, U.S. Atty., Gary Stein, Lisa Horwitz, Adam Siegel, Asst. U.S. Attys., New York, N.Y., on the brief), for Appellee.

Before: NEWMAN, WINTER, and B.D. PARKER, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

The United States has petitioned for rehearing in each of the captioned cases to challenge our rulings that permit the sentencing judges on remand to consider a downward departure. We permitted the departure because the combined effect of substantially overlapping offense level adjustments and the increased extent of enhancement of the applicable sentencing range that occurs at the higher end of the sentencing table resulted in the overlapping...

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