United States Second Circuit

Where the district court focused primarily on defendant's criminal history and likelihood to commit future crimes, a U.S.S.G. section 5K2.0 sentence departure was an abuse of discretion. Government did not breach a plea agreement in advising the court on a sentence departure.

Appellate Information

• Decided 08/02/2002
• Published 08/02/2002

Judges

• SACK, Circuit Judge., Before CARDAMONE, WINTER, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Colleen P. Cassidy, The Legal Aid Society, Federal Defender Division Appeals Bureau, New York, NY, for Appellant.


• For Appellees:
  
• Ping C. Moy, Assistant United States Attorney (Mary Jo White, United States Attorney for the Southern District of New York;  Jamie L. Kogan, Assistant United States Attorney, of counsel), New York, NY, for Appellee.