United States Second Circuit

Sentence based on conviction for cocaine-related crimes is affirmed as the district court's reliance on the record before it, including the Presentence Investigation Report, constitutes an adequate basis for the sentence imposed, and the court's failure to satisfy the "open court" requirement of 18 U.S.C. section 3553(c) was not plain error.

Appellate Information

• Decided 01/11/2008
• Published 01/11/2008

Judges

• PER CURIAM:, Before: CABRANES, SACK, KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Mary Anne Wirth, Bleakley Platt & Schmidt, LLP, White Plains, NY, for Defendant-Appellant., Susan Corkery, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney, Peter A. Norling, Assistant United States Attorney, of Counsel), United States Attorney's Office for the Eastern District of New York, New York, NY, for Appellee.