United States First Circuit

Sentence recalculation upon remand for corruption-related charges and imposition of restitution and fine is affirmed where: 1) the district court properly limited the scope of the latest sentencing hearing to consideration of the appropriate sentence within the applicable Guidelines range; 2) the court did not err in relying on lack of remorse among factors it considered in setting defendant's sentence at the high end of the applicable Guidelines range; 3) in context of this case, the district court was noticeably generous in affording defendant an opportunity to comment on the appropriate sentence through his own statement, witness testimony, counsel's argument, and supporting documents; and 4) claims that judicial bias caused a denial of his due process rights were unfounded.

Appellate Information

• Decided 06/04/2008
• Published 06/05/2008

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA, Circuit Judge, BALDOCK, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Alexander Zeno, for appellant.


• For Appellees:
  
• Thomas F. Klumper, Assistant United States Attorney, with whom Rosa Emilia Rodriguez-Velez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, were on brief, for appellee.