United States Second Circuit

Sentence imposed based on conviction of cocaine and crack-related crimes is vacated as the district court did not properly apply the statutory factors listed in 18 U.S.C. section 3553(a) when it considered defendant's likely future deportation under the need to protect the public, or the extent of the difference between defendant's sentence and his co-defendant's.

Appellate Information

• Decided 02/26/2007
• Published 02/26/2007

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.