United States Second Circuit

District court judgment continuing defendant's supervised release terms is vacated and remanded for resentencing where: 1) neither the double jeopardy clause or 18 U.S.C. sec. 3583(e)(2) prevented the district court from reimposing or extending the term of supervised release; but 2) the court did not consider the relevant factors set forth in 18 U.S.C. sec. 3553(a) before imposing the sentence as required.

Appellate Information

• Argued 03/13/2009
• Decided 05/05/2009
• Published 05/05/2009

Judges

• RESTANI, Judge:, Before:  CALABRESI and LIVINGSTON, Circuit Judges, and RESTANI, Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Norman Trabulus, Law Office of Norman Trabulus, Esq., New York, NY, for Defendant-Appellant., Stephen E. Frank, Assistant United States Attorney (Susan Corkery, Assistant United States Attorney, on the brief), for Benton J. Campbell, United States Attorney, Eastern District of New York, Brooklyn, NY, for Appellee.