United States Second Circuit

Sentence imposed that was outside the range recommended by the applicable Sentencing Guidelines policy statement for revocations of supervised release is affirmed as district courts need not give notice and an opportunity to challenge the basis for the sentence outside the applicable advisory range when they impose such sentence sua sponte.

Appellate Information

• Decided 08/16/2007
• Published 08/16/2007

Judges

• WESLEY, Circuit Judge:, Before:  FEINBERG, CALABRESI, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Marshall A. Mintz, Mintz & Oppenheim LLP, New York, NY, for Defendant-Appellant., Eugene Ingoglia, Assistant United States Attorney on behalf of Michael J. Garcia, United States Attorney for the Southern District of New York (Celeste L. Koeleveld, Assistant United States Attorney, of counsel, on the brief), New York, NY, for Appellee.