United States Second Circuit

Sentence for drug crimes and making false statements to federal agents is vacated and remanded where the district court erred in neglecting to answer the question posed by the Crosby remand of defendant's original sentence of whether the court would have imposed a materially different sentence under the post-Booker sentencing regime based on the circumstances at the time of the original sentence, and this error was not harmless.

Appellate Information

• Decided 06/01/2009
• Published 06/01/2009

Judges

• MINER, Circuit Judge:, Before:  MINER, RAGGI, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Burton T. Ryan Jr., Assistant United States Attorney (Benton J. Campbell, United States Attorney for the Eastern District of New York, Peter A. Norling, Assistant United States Attorney, on the brief), Brooklyn, New York, for Appellee., Ivan S. Fisher (Lucas E. Andino, on the brief), New York, New York, for Defendant-Appellant.