United States Second Circuit

Harsher sentence imposed by district court on remand for resentencing is affirmed over claims that the imposition of a harsher sentence on remand demonstrates vindictiveness on the part of the District Court and that factfinding conducted by the District Court to calculate a sentence under the advisory U.S.S.G. violated defendant's 6th Amendment right to trial by jury.

Appellate Information

• Decided 07/19/2006
• Published 07/20/2006

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before CABRANES, STRAUB, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Robert G. Smith, Assistant Federal Defender (Jay S. Ovsiovitch, on the brief), Rochester, NY, for Defendant-Appellee., Bradley E. Tyler, 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 Respondents.