United States Second Circuit

Judgment declining to resentence defendant and affirming his original sentence for firearm-related charges is affirmed over claims that: 1) the district court violated defendant's due process rights when it would not take into account relevant sentencing facts and circumstances as they existed at hearing to consider whether to resentence him, including evidence of prison rehabilitation; 2) when the district court did not resentence him it erred, as all errors under US v. Booker, 543 U.S. 220 (2005), are structural; and 3) the length of his sentence renders it unreasonable.

Appellate Information

• Decided 05/11/2007
• Published 05/11/2007

Judges

• PER CURIAM., Before:  WINTER, CALABRESI, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Theodore S. Green, Green & Willstatter, White Plains, NY., Cathy Seibel, Deputy United States Attorney (Celeste L. Koeleveld, Assistant United States Attorney, on the brief), for Michael J. Garcia, United States Attorney, Southern District of New York, New York, NY.