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Chappelle Convicted of Robbing Drug Dealers Appealed Now Gets Time Served

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Sept 9 – Damon Chappelle was up for re-sentencing for robbing drug dealers, after having appealed to the Second Circuit.

On September 9 U.S. District Court for the Southern District of New York Judge Laura Taylor Swain, the recipient of many letters from Chappelle over the years, held the sentencing on the SDNY's CourtCall platform, which elsewhere wasn't working. Inner City Press covered the proceedings.   

At issue was whether Chappelle could be consider a career offender.

His appellate counsel Steven Yurowitz said no, that Hobbs Act robbery is no longer a "crime of violence" under the applicable test and that no application note can make it so. 

 Judge Swain agreed. AUSA Edward Diskant, now a supervisor but still on this case, argued for a 180 month sentence, saying that seven years had not previously dissuaded Chappelle and would not do so now.  

 Judge Swain disagreed, finding that the 82 months Chappelle has served is enough. She sentenced him to time served.

The case is US v. Chappelle, 13-cr-986-LTS (Swain).


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