United States Second Circuit

Defendant's drug conspiracy sentence is vacated where the district court evidently started with an assumption, invalid after so long an interval, that the baseline for the re-sentencing was the sentence imposed in 1991, and thereby failed to properly consider the factors set out in 18 U.S.C. section 3553(a) -- particularly defendant's submission of evidence of rehabilitation -- at the time of re-sentencing.

Appellate Information

• Argued 04/13/2010
• Decided 05/05/2010
• Published 05/05/2010

Judges

• DENNIS JACOBS, Chief Judge:, Before JACOBS, Chief Judge, KEARSE and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael A. Young (Joyce C. London, on the brief), New York, NY, for Appellant.


• For Appellees:
  
• John J. Durham, Assistant United States Attorney (Peter A. Norling, Assistant United States Attorney, on the brief), for United States Attorney Benton J. Campbell, United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellee.