United States Second Circuit

Order resentencing defendant following his guilty plea to conspiring to distribute and possess with intent to distribute over one thousand kilograms of marijuana is vacated where the court violated: 1) defendant's right to be present at resentencing; 2) his right to notice that the court intended to impose an adverse non-Guidelines sentence; and 3) 18 U.S.C. section 3553(c), which requires a sentencing judge to state in open court the reasons for imposing a particular sentence.

Appellate Information

• Decided 01/15/2008
• Published 01/15/2008

Judges

• PER CURIAM:, Before:  JACOBS, Chief Judge, POOLER and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Norman Trabulus, New York, NY, for Defendant-Appellant., Burton T. Ryan, Assistant United States Attorney (Peter A. Norling, of counsel;  Roslynn B. Mauskopf, United States Attorney, Eastern District of New York, on the brief), United States Attorney's Office for the Eastern District of New York, New York, NY, for Appellee.