United States Second Circuit

90-month sentence for conviction based on guilty plea to mail fraud is vacated where the district court failed to provide sufficient notice of its intent to consider sua sponte an above-Guidelines sentence.

Appellate Information

• Decided 08/09/2007
• Published 08/09/2007

Judges

• HALL, Circuit Judge:, Before:  ROBERT D. SACK, B.D. PARKER, and PETER W. HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Timothy W. Hoover, Federal Public Defender's Office, Buffalo, NY, for defendant-appellant., Stephan J. Baczynski, Assistant United States Attorney, Buffalo, NY, for appellee.