United States Second Circuit

Where the district court's statements at sentencing indicated it applied an incorrect standard and mistakenly believed it lacked authority to award a discretionary downward departure based on a claim of aberrant behavior, sentence vacated and case remanded for resentencing.

Appellate Information

• Argued 08/08/2001
• Decided 02/07/2002
• Published 02/08/2002

Judges

• MINER, Circuit Judge., Before:  MINER, JACOBS, and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Darrell B. Fields, The Legal Aid Society, Federal Defender Division-Appeals Bureau, New York, NY, for Defendant-Appellant., Daniel A. Braun, Assistant United States Attorney, New York, NY (Mary Jo White, United States Attorney for the Southern District of New York, on the brief), for Appellee.