United States Second Circuit

Fifteen-month sentence and one year of supervised release, after guilty plea to making a willful false statement as to income on a federal tax return, is vacated where the district court failed to give adequate consideration to the factors listed in 18 U.S.C. section 3553(a) in deciding whether to impose a Guidelines or a non-Guidelines sentence. As the district judge acknowledged a bias in defendant's favor, the matter must be reassigned to a different judge.

Appellate Information

• Decided 05/18/2006
• Published 05/18/2006

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  WINTER, CABRANES, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Margaret A. Murphy (Cheryl Meyers Buth, Rosenthal, Siegel, Muenkel & Meyer, LLP, on the brief), Buffalo, NY, for Defendant-Appellant., William J. Gillmeister, Assistant United States Attorney (Kathleen M. Mehltretter, Acting United States Attorney, on the brief), United States Attorney's Office for the Western District of New York, Buffalo, NY, for Appellee.