United States v. Lisyansky, No. 14-2355 (2d Cir. 2015)
Annotate this CaseDefendant appealed his conviction and sentence for conspiracy to commit murder-for-hire and substantive murder-for-hire. The court joined the First, Eighth, and Ninth Circuits in affirming that the district court was correct to use U.S.S.G. 2E1.4, cmt. n.1 to calculate an offense level based on U.S.S.G. 2A1.5, rather than section 2E1.4 itself, for a defendant who has been convicted of 18 U.S.C. 1958 where the underlying conduct violated state law. Therefore, the district court properly computed defendant' s offense level based on U.S.S.G. 2A1.5 for conspiracy or solicitation to commit murder rather than U.S.S.G. 2E1.4 for use of interstate commerce facilities in the commission of murder-for-hire. The court also concluded that the evidence was sufficient to convict defendant and defendant failed to demonstrate plain error in the jury instruction given by the district court. Accordingly, the court affirmed the judgment.
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