(DOWNLOAD) "United States v. Gigante" by United States Court of Appeals for the Second Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Gigante
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 24, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
WINTER, Circuit Judge: Venero Mangano, Benedetto Aloi, and Dennis Delucia appeal from their convictions by a jury before Judge Dearie for extortion and conspiracy to commit extortion in violation of 18 U.S.C. §§ 2 and 1951. The principal issue on this appeal arises from the facts that Mangano and Aloi had, after conviction, a base offense level that would have resulted in sentences of 27-33 months under the Guidelines, whereas, after adjustments in the levels and upward departures, many of which were based on uncharged or acquitted conduct, Mangano was sentenced to 188 months, and Aloi to 200. In calculating Mangano's and Aloi's sentences, Judge Dearie granted the government's motion for an upward departure, pursuant to U.S.S.G. § 5K2.0, from the sentencing range established in the United States Sentencing Guidelines on the basis of conduct for which Mangano and Aloi were not convicted. Mangano and Aloi appeal the upward departure as unreasonable, as based on other erroneous grounds, and as based on the wrong standard of proof. They further argue that the indictment underlying their convictions was legally improper and challenge their sentences for an improper calculation of the ""amount demanded"" by the extortion conspiracy. Delucia, who was sentenced to 46 months, joins in his co-defendants' appeals of their convictions and presses his own argument that the evidence against him was legally insufficient and that his sentence was based on an erroneous calculation of the ""amount demanded."" We reject all these arguments and affirm.