United States Second Circuit

Sentence for drug crimes is affirmed where the district court did not abuse its discretion in denying defendant a sentence reduction where: 1) defendant's sentence was appropriate based upon his extensive criminal history and the need to protect society; and 2) the court did not erroneously rely upon its earlier decision not to resentence defendant as a the basis for the present denial.

Appellate Information

• Decided 04/17/2009
• Published 04/17/2009

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  CABRANES and HALL, Circuit Judges, and SWEET, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• John P. Collins, Jr., Assistant United States Attorney (Michael J. Garcia, United States Attorney, on the brief, Katherine Polk Failla, Assistant United States Attorney, of counsel), Office of the United States Attorney for the Southern District of New York, New York, NY, for the United States of America., David A. Lewis, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for James Borden.