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United States Second Circuit

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US v. Verkhoglyad, 05-4210

Sentence imposed for probation violation is affirmed over claims that the sentence is: 1) procedurally unreasonable as the court failed (a) to consider the Sentencing Commission's policy statements regarding probation violations and other sentencing factors identified in 18 U.S.C. sections 3553(a), and (b) to state its reasons for imposing a non-Guidelines sentence; and 2) substantively unreasonable as it is disproportionate to the seriousness of his probation violation. Case is remanded in part for the court to comply with the ministerial requirement of memorializing its sentencing reasons in writing as required by 18 U.S.C. section 3553(c)(2).

Appellate Information

  • Decided 02/14/2008
  • Published 02/14/2008


  • REENA RAGGI, Circuit Judge:, Before: CABRANES, RAGGI, Circuit Judges, and BERMAN, District Judge.


  • United States Second Circuit


  • For Appellees:
  • Jeremy Gutman, New York, NY, for Defendant-Appellant., Jonathan E. Green, Assistant United States Attorney (Thomas Firestone, Susan Corkery, Assistant United States Attorneys, on the brief), for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee.
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