Friday, August 19, 2011

Second Circuit -- USA v. Echeverry

USA v. Echeverry

Sentencing bump for discharge of a weapon upheld despite the fact that the defts gun was grabbed by the victim, who then shot the deft's accomplice.

Reasoning: Drafting in passive voice negatives intent, Recent Scotus decision somewhat on point.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.