United States Second Circuit

Convictions of drug trafficking conspiracy and related crimes, and decision by district court not to resentence defendants on remand, are affirmed as to one defendant over claims that the court used an improper legal standard when determining whether to resentence him, and that the sentence imposed was unreasonable. Appeal by other defendant is dismissed as moot as he completed service of his term and was deported.

Appellate Information

• Decided 01/30/2007
• Published 01/30/2007

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before: WINTER and CABRANES, Circuit Judges, and KORMAN, Chief District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Mark D. Hosken, Assistant Federal Defender, Western District of New York (Jay S. Ovsiovich, of counsel), Rochester, NY, for Defendant-Appellant Art Williams., Peter F. Langrock, Langrock Sperry & Wool, LLP, Middlebury, VT, for Defendant-Appellant Roland Onaghinor., Frank H. Sherman, Assistant United States Attorney (Terrance P. Flynn, United States Attorney, on the brief), United States Attorney's Office for the Western District of New York, Rochester, NY, for Appellee.