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U.S. v. WHITLEY

Docket No. 06-0131-cr.

529 F.3d 150 (2008)

UNITED STATES of America, Appellee, v. Latie WHITLEY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 16, 2008.

Attorney(s) appearing for the Case

Kim P. Bonstrom, Bonstrom & Murphy, Shelter Island, N.Y., for Defendant-Appellant.

Anjan Sahni, Asst. U.S. Atty., New York, N.Y. (Michael J. Garcia, U.S. Atty., Justin S. Weddle, Asst. U.S. Atty., New York, N.Y., on the brief), for Appellee.

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

JON O. NEWMAN, Circuit Judge.

This criminal appeal presents the unusual situation in which the literal meaning of a sentencing statute has been disregarded to the detriment of a defendant. Latie Whitley appeals from the December 30, 2005, judgment of the United States District Court for the Southern District of New York (Richard Conway Casey, District Judge), following a four-day trial. He was sentenced principally to concurrent terms of 282 months for a Hobbs Act...

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