United States Second Circuit

Sentence to non-Guidelines term of home confinement, probation, and restitution, but no fine, is vacated where: 1) the non-Guidelines sentence, which represents a substantial deviation from the recommended Guidelines range is unreasonable; 2) the district court failed to include the specific reason for deviating from the Guidelines; and 3) the district court committed clear error in concluding that defendant lacked the ability to pay a fine.

Appellate Information

• Decided 06/21/2006
• Published 06/21/2006

Judges

• JOHN M. WALKER, JR., Chief Judge., Before WALKER, Chief Judge, WINTER and JACOBS, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Andrea Limmer, Attorney, U.S. Department of Justice, Washington, D.C. (R. Hewitt Pate, Assistant Attorney General;  Thomas O. Barnett, Acting Assistant Attorney General;  Makan Delrahim, Scott D. Hammond, and Gerald F. Masoudi, Deputy Assistant Attorneys General;  John J. Powers, III, and Robert B. Nicholson, Attorneys, U.S. Department of Justice, Washington, D.C.;  Rebecca Meiklejohn and Elizabeth Prewitt, Attorneys, U.S. Department of Justice, Antitrust Division, New York, N.Y., on the brief), for Appellant.


• For Appellees:
  
• Randall D. Unger (Steve Zissou, on the brief), Bayside, N.Y., for Defendant-Appellee.