United States Second Circuit

In defendant's appeal from the denial of his motion for a reduction of sentence under 18 U.S.C. section 3582(c)(2), the appeal is dismissed where, even were the court to reverse the district court's denial of defendant's motion for a reduction of sentence, the possibility that the district court would, on remand, terminate defendant's supervised release under 18 U.S.C. section 3583(e)(1) was too remote and speculative to satisfy the case-or-controversy requirement of Article III, Section 2 of the Constitution.

Appellate Information

• Argued 04/20/2010
• Decided 04/28/2010
• Published 04/28/2010

Judges

• PER CURIAM:, Before MINER, CABRANES, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Colleen P. Cassidy, Federal Defenders of New York, Inc., New York, NY, for defendant-appellant., Nicholas J. Lewin, Assistant United States Attorney (Lev L. Dassin, Acting United States Attorney, and Michael A. Levy, Assistant United States Attorney, on the brief), Office of the United States Attorney for the Southern District of New York, NY, New York, for appellee.