To what extent may a federal court consider the relevant conduct of a co-conspirator when sentencing a defendant?

A district court may consider the relevant conduct of a co-conspirator if two particularized findings are made (1) that 'the scope of the activity to which defendant agreed was sufficiently broad to include the relevant co-conspirators conduct in question', and (2) that the relevant conduct on the part of the co-conspirator was foreseeable to the defendant, U.S. v. Studley, 47 F3d 569 (2d Cir, 1995), U.S. v. Mulder, 273 F3d 91 (2d Cir, 2001). Thus, merely having knowledge of a co-conspirator's criminal acts or that defendant was aware of the scope of the overall operation, standing alone, would be insufficient to satisfy the above two prongs. See also, U.S. v. Tyrone …