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| United States v. Lasaro, No. 06-2648-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 11, 2007, Decided
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Overview: Where defendant pled guilty to illegal reentry into United States subsequent to removal after conviction of aggravated felony, in violation of 8 U.S.C.S. §§ 1326(a) and (b)(2), district court did not err in finding that sentencing disparities created by fast-track programs were not unwarranted disparities within meaning of 18 U.S.C.S. § 3553(a)(6).
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| United States v. Liriano-Blanco, Docket No. 06-2919-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 11, 2007, Decided
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Overview: Where a sentence for unlawfully attempting to reenter the U.S., was explicitly based on the possibility of appellate review regarding the availability of a non-Guidelines sentence to avoid a disparity from fast track programs, remand was required because the district court was not aware that defendant's plea had waived his appeal rights.
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| United States v. Tolentino, No. 06-4868-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 11, 2007, Decided
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Overview: In determining extent of a downward departure under U.S. Sentencing Guidelines Manual § 5K1.1, district court did not err by considering crimes defendant committed during period of his cooperation because government's downward departure motion explained that defendant's usefulness decreased when he committed two crimes during period of cooperation.
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| United States v. White, No. 05-4117-cr(L), 05-4598-cr(XAP),
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 11, 2007, Decided
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Overview: Where trial counsel failed to advise defendant concerning the sentencing consequences of two 18 U.S.C.S. § 924(c) convictions and thus provided ineffective assistance of counsel under Strickland in violation of Sixth Amendment, district court did not abuse its discretion in selecting remedy that made it appear that no constitutional error occurred.
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