U.S. v. Sero, 2d Cir. Mar. 19, 2008

05-6967 U.S. v. Sero
Before: WALKER, B.D. PARKER, Circuit Judges, and CASTEL, District Judge.1
PER CURIAM: Fernando Sero appeals from a judgment of conviction in the United States District Court for the Southern District of New York (Brient, J.). Sero was convicted of exporting weapons and other defense articles from the United States to the Philippines in violation of the Arms Export Control Act (“AECA”), 22 U.S.C. § 2778, and the International Traffic in Arms Regulations (“ITAR”), 22 C.F.R. Part 120, et seq. Sero pled guilty to one count of a four count indictment charging him with unlawfully shipping the following gun parts and amunition: three take-down pins, one trigger housing unit, one bolt group, one sighting group, one magazine release, three receivers, one stock, one buffer spring, ten 7.62 mm magazines, two boxes of .40 caliber Black Talon DP cartridges, and three boxes of weapons primers. He was sentenced principally to 40 months imprisonment – – six months below the bottom of the guideline range – – followed by a three-year term of supervised release. This appeal, which challenges the length of his sentence, followed. … we affirm. U.S. v. Sero.

  1. The Honorable P. Kevin Castel, United States District Court for the Southern District of New York, sitting by designation. []

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