United States Second Circuit

Plea conviction and sentencing of defendant on child sexual abuse offenses are upheld where defendant's Anders motion and the government's motion for summary affirmance are affirmed without remand because although compliance with the strictures of 18 U.S.C. section 3553(c)(2) is always required, remand is not required to remedy noncompliance where there are no non-frivolous issues for appeal and remand cannot benefit the defendant.

Appellate Information

• Decided 09/19/2011
• Published 09/19/2011

Judges

• JACOBS

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• HOWARD M. SIMMS, DANIEL CHUNG