United States Second Circuit

Sentence of 88 months imprisonment, three years of supervised release, and a special assessment, based on guilty plea to one count of being a felon in possession of a firearm in violation of 18 U.S.C. section 922(g), is affirmed over claims that: 1) the district court erred in interpreting U.S.S.G. section 3E1.1(b) to require a government motion even when the court has independently found timely acceptance of responsibility under the prior subsection 3E1.1(a); and 2) the government breached defendant's plea agreement by refusing to file a U.S.S.G. section 3E1.1(b) motion.

Appellate Information

• Argued 03/03/2006
• Decided 09/15/2006
• Published 09/15/2006

Judges

• CARDAMONE, Circuit Judge:, Before: WALKER, Chief Judge, CARDAMONE, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Colleen P. Cassidy, New York, N.Y. (Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, of counsel), for Defendant-Appellant., Christina Paglia Bischoff, Assistant United States Attorney, New York, N.Y. (Michael J. Garcia, United States Attorney, Katherine Polk Failla, Assistant United States Attorney, Southern District of New York, New York, NY, of counsel), for Appellee.