United States v. Oswald Thorpe

HAIGHT, Senior District Judge:

Oswald Thorpe appeals from a sentence imposed upon him on November 19, 1998 by the United States District Court for the Southern District of New York (Richard Conway Casey, Judge).

On August 20, 1998, Thorpe pled guilty before District Judge Sonia Sotomayor (as she then was) to the sole count of an indictment charging him with bank larceny in violation of 18 U.S.C. § 2113(b) (1996). When Judge Sotomayor became a member of this Court, the case was reassigned to Judge Casey for sentencing.

We vacate and remand for resentencing because the district judge’s remarks at…