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· 5/7/1997

United States v. Jose Casiano, A/K/A Jose Rivera Jose Casiano, United States of America v. Alfredo Dejesus

Citations

  • 113 F.3d 420
  • 1997 U.S. App. LEXIS 10626
  • 1997 WL 226046

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that § 924(c)’s sentence enhancement was properly applied to a defendant who used a gun to carjack a van and then to force the owner to lie in the back during a trip from Pennsylvania to New Jersey
  • finding sentence enhancement under 924(c)(1)(C) applicable where the second conviction arises from the same criminal episode and involves the same victim as the first conviction
  • affirming § 5K1.1 departure of 3 offense levels, resulting in reduced range
  • court refrained from inserting words into statute which were not originally included in the statute
  • “Thus, the issue is whether there was sufficient evidence that Casiano could have reasonably foreseen the use of a gun by his co- 1334 UNITED STATES v. GREEN conspirators.”
  • under section 924(c)(1), “ ‘conviction’ means ‘the finding of guilt by a judge or jury that necessarily precedes the entry of a final judgment of conviction’ thus, “more than one ‘conviction’ can occur in a single proceeding”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloviter, McKee, Rosenn

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.