U.S. v. CAVERA

Docket Nos. 05-4591-cr(L), 05-5210-cr(CON).

505 F.3d 216 (2007)

UNITED STATES of America, Appellee, v. Gerard CAVERA, aka Gerry Lake and Peter Abbadessa, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 11, 2007.


Attorney(s) appearing for the Case

Jeffrey A. Rabin, Brooklyn, N.Y. (Law Office of Jeffrey A. Rabin, Brooklyn, NY, of counsel), for Defendant-Appellant Gerard Cavera, aka Gerry Lake.

Taryn A. Merkl, Assistant United States Attorney, Brooklyn, N.Y. (Roslynn R. Mauskopf, United States Attorney, David C. James, Assistant United States Attorney, Eastern District of New York, Brooklyn, NY, of counsel), for Appellee United States of America.

Daniel A. Hochheiser, Hochheiser & Hochheiser, LLP, New York, NY, filed a brief Amicus Curiae for the United States District Court for the Eastern District of New York.

Before: CARDAMONE, CALABRESI, and POOLER, Circuit Judges.


CARDAMONE, Circuit Judge:

This appeal prompts us to write further on the subject of federal criminal sentencing in the aftermath of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).1 All agree that Booker removed the mandatory teeth of the United States Sentencing Guidelines (Guidelines) by rendering them advisory, and that Justice Breyer's remedy opinion put some...

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