United States Second Circuit

In gauging the proper extent of an upward departure, the district court erred in considering defendant's prior record and his lack of remorse, after defendant pled guilty to falsely implicating a U.S. citizen in the September 11, 2001 terrorist attacks.

Appellate Information

• Decided 12/16/2002
• Published 12/18/2002

Judges

• CALABRESI, Circuit Judge., Before:  CALABRESI and B.D. PARKER Jr., Circuit Judges, and STEIN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Steven M. Statsinger, The Legal Aid Society, New York, N.Y., for Defendant-Appellant., Peter A. Norling, Assistant United States Attorney for the Eastern District of New York, Brooklyn, N.Y., (Alan Vinegrad, United States Attorney, and Catherine L. Youssef, Assistant United States Attorney, on the brief), for Appellee.