United States Second Circuit

Where the district court fails to state its reasons for imposing a sentence at a point within a Guidelines range that exceeds 24 months, as required by 18 U.S.C. section 3553(c)(1), the sentence should be vacated and remanded for clarification as to the manner in which the court arrived at the sentence, and, if required, a statement of reasons for the sentence imposed.

Appellate Information

• Argued 03/23/2000
• Decided 03/08/2002
• Published 03/08/2002

Judges

• STRAUB, Circuit Judge., Before:  FEINBERG, JACOBS, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• David V. Kirby, Then-Acting United States Attorney for the District of Vermont (Gary G. Shattuck, Assistant United States Attorney, on the brief), Burlington, VT, for Appellee-Cross-Appellant., Edward S. Zas, Federal Defender Division Appeals Bureau, Legal Aid Society, New York, NY, for Defendant-Appellant-Cross-Appellee William Greer., Mark A. Kaplan, Burlington, VT, for Defendant-Appellant-Cross-Appellee Stephen Brent Hutchins.