A federal appeals court yesterday ordered a new sentencing for an Armenian immigrant sent to prison for 22 years for plotting to sell anti-aircraft missiles and other military weapons to an FBI informant. The U.S. Court of Appeals ruled in United States v. Nadirashvilli, 08-4211-cr, that Southern District Judge Richard J. Holwell incorrectly calculated the factors used to determine the seriousness of the crime carried out by Artur Solomonyan.
Judge Holwell imposed two offense level enhancements for Mr. Solomonyan, one for a conspiracy involving more than 200 weapons and the other for a conspiracy involving a destructive device. But the circuit noted that the judge had found the required facts only by a preponderance of the evidence rather than with reasonable certainty.
