United States Second Circuit

Order resentencing defendant to seven months' incarceration after a Crosby remand, in case where defendant engaged in a multi-year, multi-million dollar tax evasion scheme, requires another remand as the district court's 80% reduction from the bottom of the applicable Sentencing Guidelines range was unreasonable in that it failed to properly weigh all of the sentencing factors enumerated in 18 U.S.C. section 3553(a) and the record does not adequately support those factors on which the district court did rely.

Appellate Information

• Decided 01/23/2007
• Published 01/24/2007

Judges

• WESLEY, Circuit Judge., Before WESLEY, HALL, Circuit Judges, and JONES, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Lynn A. Neils, Assistant United States Attorney, (Michael J. Garcia, United States Attorney for the Southern District of New York, Stephen J. Ritchin, Assistant United States Attorney, Celeste L. Koeleveld, Assistant United States Attorney;  on the brief) New York, NY, for Appellant.


• For Appellees:
  
• Dayna Ferebee, Law Office of Dayna Ferebee, New York, NY, for Defendant-Appellee.