United States Second Circuit

Re-sentencing for violation of conditions of a supervised release is affirmed where: 1) although the district court was not authorized under 18 U.S.C. section 3584(a) at the first sentencing hearing to direct defendant's federal sentence run consecutively to a not-yet-imposed state sentence; nevertheless 2) the district court did not abuse its discretion in relying on Fed. Crim. Pro. Rule 35(a) to correct that error by vacating the first sentence and re-sentencing the defendant.

Appellate Information

• Decided 04/03/2008
• Published 04/03/2008

Judges

• PER CURIAM:, Before:  McLAUGHLIN and HALL, Circuit Judges, and SAND, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• John S. Wallenstein, Parson & Wallenstein, Mineola, NY, for Defendant-Appellant., Roslynn R. Mauskopf, United States Attorney, Eastern District of New York, (Susan Corkery, Allen Bode, Assistant United States Attorneys, on the brief), Brooklyn, N.Y., for Appellee.