United States Second Circuit

Conviction and sentence to probation based on guilty plea to federal mail fraud charges, with probation later being violated by new crimes resulting in a prison sentence 26 months above the high end of the advisory Guidelines range, are remanded where the district court failed to give an adequate explanation of its reasons for the length of the sentence. (Amended)

Appellate Information

• Decided 05/21/2007
• Published 05/21/2007

Judges

• SACK, Circuit Judge., Before SACK, KATZMANN, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Marybeth Covert, Federal Public Defender's Office, Buffalo, NY, for Defendant-Appellant., Stephan Baczynski, Assistant United States Attorney for the Western District of New York (Terrance P. Flynn, United States Attorney, Joseph J. Karaszewski, Assistant United States Attorney, of counsel), Buffalo, NY, for Appellee.