v.
Simmons
17-2104-cr United States v. Simmons
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York on the 14th day of February, two thousand nineteen. Present: PIERRE N. LEVAL, ROSEMARY S. POOLER, REENA RAGGI, Circuit Judges. _____________________________________________________ UNITED STATES OF AMERICA, Appellee, v. 17-2104-cr LAWRENCE SIMMONS, AKA Sealed Defendant 12, AKA Black, Defendant-Appellant.[1] _____________________________________________________ Appearing for Appellant: Jane S. Meyers, Brooklyn, N.Y. Appearing for Appellee: Alison Moe, Assistant United States Attorney (Karl Metzner, Assistant United States Attorney, on the brief), for Geoffrey S. Berman, United States Attorney for the Southern District of New York, New York, N.Y.
[*2]clothing” of the victim, it did not qualify under the definition provided by § 2246(2)(D), of a sexual act prohibited by § 2241(c), and as a consequence did not qualify as a Grade A violation under U.S.S.G. § 7B1.1(a)(1)(A), with a range of 24-30 months’ imprisonment. The government accordingly consented to a remand for resentencing. Simmons agrees to that disposition.
We hereby REMAND to the district court for reconsideration of the sentence in light of the earlier mistake as to the applicable Guideline.
FOR THE COURT: Catherine O’Hagan Wolfe, Clerk
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