U.S. v. LABBE

Docket No. 08-0673-cr.

588 F.3d 139 (2009)

UNITED STATES of America, Appellee, v. Kenny Ola LABBE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 4, 2009.


Attorney(s) appearing for the Case

Devin McLaughlin, Langrock Sperry & Wool, LLP, Middlebury, VT, for Defendant-Appellant.

Seetha Ramachandran, Asst. U.S. Atty., New York, N.Y. (Lev L. Dassin, Acting U.S. Atty., Iris Lan, Asst. U.S. Atty., New York, N.Y., on the brief), for Appellee.

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


JON O. NEWMAN, Circuit Judge.

This sentencing appeal challenges a District Judge's denial at a sentencing hearing of a minimal role adjustment, U.S.S.G. § 3B1.2(a), in making a Sentencing Guidelines calculation after the Judge had stated in a carefully prepared "Sentencing Opinion" that the defendant was entitled to the adjustment. Kenny Ola Labbe, a citizen of Nigeria, appeals from the January 31, 2008, judgment of the United States District Court for the Southern...

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