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U.S. v. Reyes, No. 06-3699-cr (2nd Cir.) (557 F.3d 84) (February 19, 2009) (Per Curiam)

Sentence for assault in aid of racketeering activity is upheld where the district court did not engage in impermissible "double counting" of a sentencing factor when it departed upward from the recommended statutory sentencing guidelines pursuant to U.S.S.G. § 5K2, as the upward adjustment was reasonable and not legal error ...

 

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