United States Second Circuit

In an appeal from an amended judgment, sentence is affirmed and remanded for clerical correction of judgment where: 1) the law of the case doctrine applies, even where the district court imposes a new sentence pursuant to Booker following a remand; 2) there is no evidence that the district court abused its discretion in sentencing or that the sentence is unreasonable; and 3) there is no evidence of a plain error in sentencing that affected defendant's substantial rights.

Appellate Information

• Decided 02/19/2009
• Published 02/19/2009

Judges

• KEARSE, Circuit Judge:, Before:  KEARSE, SACK, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jessica Roth, Assistant United States Attorney, New York, NY, (Michael J. Garcia, United States Attorney for the Southern District of New York, Helen V. Cantwell, Celeste L. Koeleveld, Assistant United States Attorneys, New York, NY, on the brief), for Appellee., Tina Schneider, Portland, ME, for Defendant-Appellant.