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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46372 Judge B.D. Parker DEFENDANT APPEALED from a district court judgment of conviction on two counts of conspiracy to interfere with commerce by robbery in violation of 18 USC �1951. Defendant was sentenced principally to concurrent terms of 120 months and 63 months following his guilty plea. The U.S. Court of Appeals for the Second Circuit had to determine whether, under the conspiracy sentencing guideline, a particularized finding of a defendant’s intention to steal a certain amount is required in order to apply a loss adjustment contained in the substantive offense guideline. The court vacated the judgment and remanded for re-sentencing, concluding that such a finding is required and that the district court did not make the requisite finding. The court noted that the district court’s finding that defendant specifically intended to steal a “substantial” amount was insufficiently grounded in the record to warrant a six-level enhancement under USSG �2B3.1(b)(7)(G).

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