United States Second Circuit

Sentence to term of imprisonment above the advisory Guidelines range is reversed as it was plain error to impose a non-Guidelines sentence without notice to the defendant of the court's intent to do so.

Appellate Information

• Decided 12/08/2006
• Published 12/08/2006

Judges

• PER CURIAM:, Before:  MINER, POOLER, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Barry D. Leiwant, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for Defendant-Appellant., Sean P. Casey, Assistant United States Attorney (Alyssa A. Qualls, Assistant United States Attorney, on the brief) for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, New York, NY, for Appellee.