Friday, February 17, 2006

Six Level Enhancement, Based on Number of Fraudulent Documents, Not Clearly Erroneous

United States v. Dmitry Proshin, Docket No. 04-5308-cr (2d Cir. Feb. 16, 2006) (Kearse, Cardamone, Cabranes) (per curiam): Sometimes one reads a decision and wonders, "Why in the world did the Court decide to publish this?" This opinion is a good example. The Circuit upholds a 6-level enhancement under U.S.S.G. ยง 2L2.1(b)(2), concluding that the district court's factual determination that Proshin's crime (conspiring to produce, and producing, false identification documents) involved between 25 and 99 fraudulent documents was not clearly erroneous.

The opinion is fact-specific and breaks no legal ground whatsoever. The Court simply points out that although no evidence placed Proshin physically at the Brooklyn location where 27 fraudulent documents were found, ample evidence linked Proshin with the co-conspirator who operated out of that location. Op. 7-8.

2 Comments:

Anonymous Anonymous said...

Hello I am the traffic man, zip, zip, zip. make a new resolution to get a flood of traffic to your website this year. Let me show you how to get FREE traffic to your site. Yes I said FREE, FREE, FREE!!! Don't delay.

To find out more, visit my internet wealth site. It successfully covers FREE information exposing FREE traffic and internet wealth related stuff. Don't forget - FREE, FREE, FREE. You have nothing to lose!

March 30, 2006 at 10:10 AM  
Blogger Scott A. Edwards said...

Hello I am the traffic man, zip, zip, zip. make a new resolution to get a flood of traffic to your website this year. Let me show you how to get FREE traffic to your site. Yes I said FREE, FREE, FREE!!! Don't delay.

To find out more, visit my making money online business opportunity site. It successfully covers FREE information exposing FREE traffic and making money online business opportunity related stuff. Don't forget - FREE, FREE, FREE. You have nothing to lose!

April 30, 2006 at 5:09 AM  

Post a Comment

<< Home