United States Second Circuit

Sentence imposed on a defendant for violating the terms of his supervised release is vacated and remanded where the district court: 1) omitted defendant's opportunity for a pre-sentence allocution; and 2) did not otherwise conform with special circumstances which might have avoided the need for a resentence.

Appellate Information

• Decided 06/11/2008
• Published 06/11/2008

Judges

• JON O. NEWMAN, Circuit Judge:, Before:  NEWMAN, WALKER, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Steven M. Statsinger, Federal Defenders of New York, Inc., Appeals Bureau, New York, N.Y., for Defendant-Appellant., David S. Leibowitz, Asst. U.S. Atty., New York, N.Y. (Michael J. Garcia, U.S. Atty., Diane Gujarati, Asst. U.S. Atty., New York, N.Y., on the brief), for Appellee.