United States Second Circuit

Sentences for drug-related offenses are vacated pursuant to the government's appeal as the district judge failed, for a second time, to give notice of his decision to deviate from the Sentencing Guidelines and to provide an explanation for his non-Guidelines sentences. On remand, the case is to be assigned to a different judge for resentencing.

Appellate Information

• Decided 09/27/2007
• Published 09/27/2007

Judges

• WINTER, Circuit Judge:, Before:  WINTER, WALKER, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• James P. Kennedy, Assistant United States Attorney (Terrance P. Flynn, United States Attorney for the Western District of New York, on the brief), Buffalo, NY, for Appellee-Cross-Appellant., John J. Lavin, John J. Lavin, P.C., Buffalo, NY, for Defendant-Appellant-Cross-Appellee Neal Benjamin., Vincent E. Doyle III, Connors & Vilardo, LLP, Buffalo, NY, for Defendant-Appellant-Cross-Appellee Donald Benjamin.