David C. Pilato, a criminal defense attorney with LaDuca Law Firm, recently prevailed on appeal before the U.S. Court of Appeals for the Second Circuit. Pilato represents the defendant in U.S. v. Liddon Young, a federal gun trafficking case with ties to Georgia and New York. One issue on appeal concerned whether the imposition of two Sentencing Guidelines enhancements, together, constituted impermissible double-counting. Other issues concerned whether it was error to increase the defendant’s Guidelines range for Obstructing the Administration of Justice and to deny a Guidelines reduction for Acceptance of Responsibility.

LaDuca Law Firm attorney, Mr. Pilato, filed an appeal on behalf of Young and contended it was error to impose (and refuse to apply) the sentencing adjustments outlined above. The United States Court of Appeals for the Second Circuit agreed, ruling that the enhancements for “trafficking firearms” and for “transferring a firearm knowing it will be used in another felony offense” could not both apply. The Circuit Court further ruled that the Obstruction and Acceptance of Responsibility rulings were not supported by the requisite factual findings. The judgment was, therefore, vacated in part and remanded for resentencing. Although Young still faces significant time, he will have another opportunity back in court. This is a positive step forward for the client and LaDuca Law Firm.

 

If you or a loved one has been charged with gun trafficking, illegal handgun possession or any other weapons offense in New York, it is imperative that you contact a qualified criminal defense lawyer immediately. The experienced criminal defense attorneys at the LaDuca Law Firm are prepared to help you fight your criminal charges and avoid the most severe penalties. Contact us today to schedule a free consultation at our office in Rochester, NY.