United States Second Circuit

On government's appeal from sentence, which sentence was based in part on defendant's likely deportation following his prison term and the extent of the sentence disparity between defendant and his co-defendants, the judgment is vacated as the district court did not properly apply the statutory factors listed in 18 U.S.C. section 3553(a).

Appellate Information

• Decided 02/05/2007
• Published 02/06/2007

Judges

• FEINBERG, Circuit Judge., Before FEINBERG, CABRANES, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Glenn T. Suddaby, United States Attorney for the Northern District of New York, Syracuse, NY, (Elizabeth S. Riker, arguing and on the brief, and Lisa M. Fletcher, of counsel and on the brief) for Appellant.


• For Appellees:
  
• Robert G. Wells, Syracuse, NY, for Defendant-Appellee.