United States Second Circuit

In a conviction of an inmate for attacking a correctional officer, the judgment of the district court is affirmed, as although the government has not satisfied its burden of proving that defendant waived his right to be physically present at the resentencing hearing and the district court erred in finding a valid waiver, under the plain error review standard and under the circumstances of this case, defendant was not prejudiced. Further, defendant's claim that the resentence was unreasonable is rejected.

Appellate Information

• Decided 08/24/2012
• Published 08/24/2012

Judges

• Walker

Court

• United States Second Circuit

Counsel