LEWIS

v.

VASQUEZ, WARDEN

Citator

Cited By

• United States v. Concepcion, 983 F.2d 369 (2d Cir. 1992)
  …2d Cir.1972). Soon after the Guidelines were adopted, we permitted a sentencing judge to rely on acquitted conduct to increase a guideline range by two levels. See United States v. Rodriguez-Gonzalez, 899 F. 2d 177, 181-82 (2d Cir.), cert. denied, 498 U.S. 844, 111 S.Ct. 127, 112 L.Ed.2d 95 (1990). In Frias’s case, we permitted acquitted conduct to increase a guideline range by twenty-four levels. Acquitted conduct was relied on to increase his sentence from 18 months to 20 years. I regret that my colle…

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• United States v. Stevens, 985 F.2d 1175 (2d Cir. 1993)
  …f § 2D1.1 will not be overturned unless it is clearly erroneous. See, e.g., id. at 1186-87; United States v. Pellegrini, 929 F. 2d 55, 56 (2d Cir.1991) (per curiam); United States v. Rodriguez-Gonzalez, 899 F. 2d 177, 182-83 (2d Cir.), cert. denied, 498 U.S. 844, 111 S.Ct. 127, 112 L.Ed.2d 95 (1990). Stevens contends that there was insufficient evidence that he had knowledge of the gun’s presence. This contention has no merit. The court found that “Stevens was part and parcel of people carrying it” during…