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U.S. v. REYES

Docket No. 06-3699-cr.

557 F.3d 84 (2009)

UNITED STATES of America, Appellee, v. Juan REYES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: February 19, 2009.

Attorney(s) appearing for the Case

Glenn A. Obedin, Central Islip, NY, for Defendant-Appellant.

Richard P. Donoghue, Assistant United States Attorney (United States Attorney Benton J. Campbell, and Assistant United States Attorney Emily Berger, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellee.

Before: LEVAL, CABRANES, and LIVINGSTON, Circuit Judges.

PER CURIAM:

We consider in this opinion whether an upward adjustment in sentencing pursuant to Section 5K2.2 of the United States Sentencing Guidelines (the "Guidelines" or "U.S.S.G."),* which applies where the victim has suffered "significant physical injury," constitutes impermissible "double counting" of a sentencing factor where the recommended sentencing range under the Guidelines already...

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