U.S. v. SPIES

Docket No. 09-3266-cr (CON).

661 F.3d 1158 (2011)

UNITED STATES of America, Appellee, v. Christiaan Dewet SPIES, also known as David, Defendant-Appellant-Petitioner, Nikolai Nadirashvili, also known as Nikoloz Nadirashvili, also known as Nikush, Levan Chvelidze, Dimitriy Vorobeychik, Ioseb Kharabadze, also known as Soso, and Artur Solomonyan, also known as Alex, Defendants-Appellants, Joseph Colpani, also known as Joe, Michael Guy Demare, also known as Michel, Armen Razmik Barseghyan, Spartak Vahagn Yeribekyan, Levon Solomonyan, Allah McQueen, Rajab Chavis, also known as Jabs, also known as Keith Chavis, Garegin Gasparyan, also known as Garik, Michael Jimenez, also known as Mike, Nieman Myles, also known as Luis, William Jesus Thomas, Vakhtang Machitidze, Tigran Gevorgyan, also known as Tiko, Armand Abramian, also known as Armo, Defendants.

United States Court of Appeals, Second Circuit.

Decided: November 29, 2011.


Attorney(s) appearing for the Case

John Burke , Brooklyn, NY, for Defendant-Appellant-Petitioner Spies.

Before: WINTER, POOLER, and HALL, Circuit Judges.


WINTER, Circuit Judge:

Appellant Spies petitions for a rehearing of our decision in United States v. Nadirashvili, 655 F.3d 114 (2d Cir.2011). In that decision, we, inter alia, vacated appellant Solomonyan's sentence because the district court used the incorrect standard—preponderance of the evidence—in applying two offense level enhancements under the Federal Sentencing Guidelines for the involvement of...

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