Legal Opinion
United States v. Cole
Court of Appeals for the Second Circuit
Decided August 9, 2007No. Docket 06-0226-crPublishedCited by 8 opinions
1Opinion of the Court
HALL, Circuit Judge:
Defendant-Appellant Patrick M. Cole appeals from an order sentencing him to 90 months’ imprisonment. Principally because the district court failed to provide sufficient notice of its intent to consider sua sponte an above-Guidelines sentence, we vacate and remand.
I. Background
A. The Offense and Plea Agreement
In May 2004, a grand jury in the Western District of New York indicted Defendant-Appellant Patrick M. Cole on 15 counts of mail fraud, 18 U.S.C. § 1341. After the filing of the indictment, authorities arrested Cole in Nevada, releasing him on conditions that included…
2Cases cited18 opinions
- Burns v. United StatesSupreme Court of the United States · 1991
- Frazier v. HeebeSupreme Court of the United States · 1987
- United States v. RobertsonCourt of Appeals for the Tenth Circuit · 1995
- United States v. Frank QuattroneCourt of Appeals for the Second Circuit · 2006
- United States v. Myrisa v. LewisCourt of Appeals for the Second Circuit · 2005
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3Cited by8 opinions
- Spiegel v. SchulmannCourt of Appeals for the Second Circuit · 2010
- United States v. Vega-SantiagoCourt of Appeals for the First Circuit · 2007
- United States v. GutierrezCourt of Appeals for the Second Circuit · 2009
- Chibuko v. United StatesDistrict Court, D. Connecticut · 2020
- Tales IP, LLC v. Common-Camp, LLCDistrict Court, E.D. Louisiana · 2019
3 more not listed; retrieve them via the Exa API.