United States Second Circuit

Where defendant had already served his time, a reduction in his term of supervised release was available to the district court to correct its former sentencing error. Remanded to determine precisely what prison term would have been imposed without consideration of the impermissible factors, and to consider reducing the term of supervised release.

Appellate Information

• Decided 03/09/2004
• Published 03/09/2004

Judges

• KEARSE, Circuit Judge., Before:  KEARSE, CALABRESI, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Alyssa A. Qualls, Assistant United States Attorney, Brooklyn, New York (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Emily Berger, Assistant United States Attorney, Brooklyn, New York, on the brief), for Appellee., Emily R. Daniel, New York, New York for Defendant-Appellant.