United States Second Circuit

Denial of defendant's downward departure motion seeking four months' good time credit for the previously discharged twenty-six-month sentence he served in Belgium on related charges is affirmed over claims that: 1) downward departure should have included all of the good time credit defendant might have earned had he served his twenty-six-month Belgian sentence in federal prison; and 2) the court failed to consider adequately the factors set forth in 18 U.S.C. section 3553(a).

Appellate Information

• Decided 05/24/2006
• Published 05/24/2006

Judges

• PER CURIAM., Before SOTOMAYOR, WESLEY, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jeremy F. Orden (Bernard V. Kleinman, of counsel), New York, NY, for Defendant-Appellant., Gurbir S. Grewal, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief;  Jo Ann M. Navickas, Assistant United States Attorney, of counsel), Brooklyn, NY, for Appellee.