Legal Opinion
United States v. Hirliman
Court of Appeals for the Second Circuit
Decided September 27, 2007No. Docket 05-3677-cr(L), 05-4006-cr(XAP), 05-4009-cr(CON)PublishedCited by 13 opinions
1Opinion of the Court
WINTER, Circuit Judge:
Neal and Donald Benjamin appeal their sentences imposed by Judge Elfvin for various drug related offenses. 1 The government cross-appeals, arguing that the district judge violated 18 U.S.C. § 3553 and a direction of this court in a previous appeal of this matter, United States v. Evans, 352 F.3d 65 (2d Cir.2003), by failing for a second time to give notice of his decision to deviate from the Sentencing Guidelines (“U.S.S.G.”) and to provide an explanation for his non-Guidelines sentences.
Because we agree with the government, we vacate the sentences and remand with…
2Cases cited10 opinions
- United States v. BookerSupreme Court of the United States · 2004
- United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
- United States v. Raymond RobinCourt of Appeals for the Second Circuit · 1977
- United States v. Myrisa v. LewisCourt of Appeals for the Second Circuit · 2005
- United States v. FullerCourt of Appeals for the Second Circuit · 2005
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United States v. LynnCourt of Appeals for the Fourth Circuit · 2010
- In Re Sealed CaseCourt of Appeals for the D.C. Circuit · 2008
- United States v. DeMottCourt of Appeals for the Second Circuit · 2008
- Ligon ex rel. J.G. v. City of New YorkCourt of Appeals for the Second Circuit · 2013
- In Re Judicial Conduct and DisabilityUnited States Judicial Conference Committee · 2008
8 more not listed; retrieve them via the Exa API.