United States v. Stevenson, No. 14-1862 (2d Cir. 2016)Annotate this Case
Defendant Eric Stevenson is a former Member of the New York State Assembly representing a district in the Bronx. Stevenson was convicted of conspiracy to commit honest servies wire fraud, conspiracy to commit federal programs bribery and to violate the Travel Act, 18 U.S.C. 371, accepting bribes, and extortion under color of official right. On appeal, defendant challenged his 36 month sentence, the district court's order of forfeiture in the amount of $22,000, and the district court's designation of defendant's contributions to the New York State pension fund as a substitute asset for forfeiture. The court concluded that the application of sentencing enhancements under both USSG 2C1.1(a)(1) and 2C1.1(b)(3) did not constitute double counting; the court rejected Stevenson's claim of sentence disparity and concluded that the district court did not commit procedural error in its computation and application of the sentencing guidelines; the court declined to reverse the district court's forfeiture order where the calculation of the amount of forfeiture is not subject to any statutory thresholds that increase penalties and remains within the province of the sentencing court; and Article V, Section 7 of the New York State Constitution is preempted to the extent that it would prevent forfeiture of Stevenson’s contributions to or benefits from a state pension or retirement system up to $22,000, the amount ordered forfeited. Accordingly, the court affirmed the judgment.