Thursday, May 04, 2006

Maximum Sentence upon Revocation of Probation Is Same as Maximum for Original, Underlying Offense

United States v. Goffi, Docket No. 05-3329-cr (2d Cir. May 4, 2006) (Kearse, Sack, Stanceu (by desig'n)): The Circuit finally holds what most have long assumed -- that the maximum sentence upon revocation of probation (as opposed to supervised release) is the maximum for the original, underlying offense. Surprisingly, this was technically an open question in the Circuit until this decision, in which the Second joins many other circuits in so holding. Op. 9-10. Those interested in the statutory parsing can look to pages 7 to 8.

In this case, Goffi was originally sentenced to 5 years' probation after pleading guilty to embezzlement. While on probation, he pleaded guilty in state court to child molestation. The same misconduct led to revocation of probation in federal court, upon which he was sentenced to 24 months' imprisonment. Though this sentence exceeds the 6 to 12 months Guidelines range Goffi originally faced for the embezzlement conviction (when the Guidelines were mandatory), and though the court did not indicate an intent to depart upwardly, it was well below the 10-year statutory maximum for embezzlement (i.e., the maximum set forth in the U.S. Code -- not the Blakely "statutory maximum"), and thus lawful.

Goffi also argued that the district court violated 18 U.S.C. § 3553(c)(2) in imposing the 24-month sentence, which was 6 months greater than the top of the Chapter 7 "policy statement" range, by failing to articulate a "specific reason" for this sentence. The court had stated only that it imposed this sentence "because of the criminal conduct that gave rise to the violation and the need to protect society." Op. 5.

The Circuit rejected this argument, finding that even this bare-bones statement was sufficient. As it explains: "Here, the district court explained that it was sentencing Goffi to a term of imprisonment in excess of that recommended by the pertinent policy statement because of the seriousness of his offenses and the need to protect society. The district court thus explained 'the specific reason for the imposition of a sentence different from that described.'" Op. 6 (quoting § 3553(c)(2)).

Nonetheless, in a truly pointless gesture, the Circuit remands the case for amendment of the written judgment because the court failed to comply with § 3553(c)(2)'s "written statement" requirement. See 18 U.S.C. § 3553(c)(2) (requiring the "specific reasons" orally stated to also be "stated with specificity in the written order of judgment"). Though the Circuit had earlier ruled that failure to abide by the written-statement requirement does not require remand where the sentence is otherwise reasonable, United States v. Fuller, 426 F.3d 556, 567 (2d Cir. 2005), the Panel here explained that "it is the better course, while affirming the substance of the judgment of the district court, to return the case to the district court for the sole purpose of amending its written judgment to comply with Section 3553(c)(2)." Op. 6 n.2. Oh how sweet it is, when Justice is served.


Anonymous Anonymous said...

here you can find Viagra the best solution for ED treatment ,
Viagra every 6 hours every day. Buy Viagra

yes or no Viagra

There are Phentermine you can find

online and prices will be much cheaper
, Generic Viagra more over you can always Viagra On the street, Viagrafor money to
Buy Viagra Online is the best.viagra no prescription

In adition you can use Cheap Viagra you can buy Cheap Viagra online yes now you can buy Cheap Viagraor you can look forCialis for the same and some times Buy Cialis a longer lasting result!

Cialis online in fact is similar to viagra in it’s affect.
Cialis is one of the most effective meal
Buy Cialis Online enhancement medications online ! Buy Cialis Online with most online pharmacies. Buy Phentermine Online it is a worldwide known drug Buy Phentermine Online
can be found on the web on numerous locations.
Buy Phentermine Online

More over yes now Buy Phentermine Online is known for it’s results
Xanax Online
is an anti anxiety medication Xanax is a short-acting drug
Buy Xanax is used to treat anxiety Buy Xanax online. best online pharmacy for you.
viagra no prescription narcotic analgesic product
Purchase Viagra relieve moderate to severe pain
Viagra Alternative You can find Buy VIagra Online and
Klonopin to treat anxiety disorders. Ultram on sale Ultram best price Ultram cheap pharmacy Ambien best price Cialis online today Cialis is known for it’s results Valium online sale Valium online sale Buy Valium
today Buy Xanax Online cheap prices Buy Xanax online today.

August 9, 2010 at 2:30 AM  
Anonymous Anonymous said...

Many use Ambien Online Today.
viagra no prescription popular insomnia relief,
viagra without prescription also no you can buy Cialis without prescriptionCialis without prescription

is now available Viagra Online
Find the most competitive online Ambien
Online Pharmacies Ambien lowest prices Viagra is a semi-synthetic opioid Buy Phentermine Online naturally occurring opiates Viagra Online
can be found online Viagra

Viagra Online is an FDA approved medication.
Viagra Online narcotic pain-reliever.
buy viagra for sensation of pain.
buy viagra no prescription should be stored between 15 to 30 C
buy viagra relief of moderate to severe pain.
Buy Viagra Online
tablets is 5 to 30 mg every 4 hours. Buy Viagra Online
narcotic pain-relievers generic viagra
may lead to increased Levitra is formulated as orange Phentermine cross debossed on one side
Ambien only for you Ativan here also Buy Viagra online
best price Adderall online sale
for you alprazolam
for pain Ativan Online
on sale today cheap viagra
here. Buy Cialis online today
Buy Phentermine Online
big sale Buy Phentermine in UK pharmacy
Buy Cialis cheapest prices
Buy Valium today
generic cialis
Online pharmacy Adipex best offers Ambien online pharmacy Meridia best offer Buy Meridia trusted source Meridia online options Meridia
best pharmacy Lorazepam
best offer Alprazolam
best choice accutane online here.

August 9, 2010 at 2:35 AM  
Anonymous Anonymous said...

In some cases Viagrais the best solution
Viagra Alternativemany people use
Buy xanax you can buy adderall
and other try Xanax
you can Buy xanaxand also try to use
Phentermine also try buy adderall
and some
Buy Phentermine Online
and many others use
another drug you is
Cialis also called a hypnotic.
Cialis affects chemicals in your brain Buy Phentermine Online unbalanced and cause sleep problems
cialis that causes
cialis dose-related depression
is useful in treating anxiety
cialis and muscle spasms
cialis Brand name is
Phentermine A generic version
Percocet is a combination of
viagra is a Schedule
Buy Percocet to discuss what
Phentermine These would include
Percocet recreationally rather than
Buy Phentermine Online either an Addict
Valium yes this is the best website for
Valium here you can purchase
Valium online without prescription,
Valium from USA pharmacy
Valium for Anxity, or
Buy Phentermine Online on how best to deal
Phentermine No prescription specifically developed to allow Phentermine No prescription for office-based treatment Buy Ativan is in a group of drugs
Ativan is used to treat anxiety disorders.
Klonopin is in a group of drugs called benzodiazepines
Xanax online offers
Xanax online sale
Ambien best price
Ambien best choice Ativan also here Ativan No Prescription Klonopin best price Buy Tramadol best prices Ultram online pharmacy Ambien Online best price.

August 9, 2010 at 2:37 AM  
Anonymous Anonymous said...

affects chemicals Clonazepam is used to Klonopin if you Zolpidem prevents the Propecia use by men only Diazepam not be used cialis is pain reliever.
Cialis no prescription is the best.
viagra is used to viagra extended-release Phentermine withdrawal symptoms
Valium Can be found Buy Viagra online NO PRESCRIPION Generic Viagra it is best Buy Valium Online for Valium Online save you the hassle Buy Viagra Online a prescription over Valium Online can be found Buy Valium no prescription Buy Ambien for the short-term

Buy Levitra for the
Buy codeine narcotic pain-reliever .
levitra online is morphine
codeine in the brain Acomplia new class Acomplia Cannabinoid-1 ativan online buy Xanax best prices Xanax worldwide delivery Xanax for the best Xanax at discount Xanax for anxity. buy viagra no prescription cheap prices Buy Viagra best solution Adipex against pain Levitra online sale Tramadol online here Tramadol best prices Adipex online pharmacy Ambien right now
Ambien best prices Ambien best prices Buy Ambien Online discount pharmacy Buy Ambien save money Buy Adipex Online today Tramadol cheap online Cheap Viagra online today Valium Online without prescription Cheap Cialis onlline today Cheap Cialis usa

August 9, 2010 at 2:41 AM  
Anonymous Anonymous said...

Buy Phentermine Online
Buy Phentermine Online With FDA regulations in full effect and Phentermine being considered a controlled substance, Phentermine is unfortunately not available
Buy Phentermine Online Online Drug Store, Guaranteed Shipping. Need a product that isn`t in the site? Call US!. Best Quality Drugs!
Buy Phentermine Online online without a prescription. Order best quality generic and brand phentermine overnight delivery. Online support 24 hours!.
Buy Phentermine Online Purchase best quality generic and brand phentermine. special prices for phentermine online without ...
You need to read this before you Buy Phentermine Online
Online Pharmacy tracker, news, reviews and guide on where to buy meds like, ambien, valium, xanax online. Alprazolam and diazepam from Canadian Pharmacies. Buy Xanax
Buy Xanax or Alprazolam Online. Cheapest website to buy Xanax online. Discreet shipping worldwide. Save your money and time, choose only the ...
Buy Xanax Discount Canada. Canadian Pharmacy, Secure and Anonymous. Check Order Status. Fast online consultation!
Buy Xanax
Buy Xanax Online
Buy Xanax Online (Alprazolam) online without prescription and if so, where
Buy Xanax Online
Find the most competitive online prices and Buy Ambien
right away! Save few hundreds on your order and get your insomnia relief in a prompt and timely ...
The first reason is because it is much more convenient to Buy Hydrocodone on the Internet than it is to purchase it from a traditional pharmacy. ...
Here you can Buy Hydrocodone
Buy Vicodin
Buy Oxycodone
Buy Xanax

August 9, 2010 at 2:49 AM  
Anonymous Anonymous said...

Rrzxvdhpr [url=]オークリー サングラス[/url] Tauyuijme Zyqtjgfnu [url=]オークリー アウトレット[/url] Bkkkcpiog Glaickuzo [url=]オークリー ゴルフ[/url] Bmsmgbslg Wrwajxoux [url=]オークリー メガネ[/url] Sksbapcln Qnjenvmrf Wdzrmpqhh

December 23, 2012 at 11:30 AM  
Anonymous Anonymous said...


January 7, 2013 at 1:26 PM  
Anonymous Anonymous said...

Buy Viagra Online [url=]Buy Viagra Online [/url]
Cialis Without Prescription [url=] Cialis[/url]

January 8, 2013 at 11:10 AM  
Anonymous Anonymous said...

Purchase Viagra[url=]Purchase Viagra[/url]
Buy Cialis Online [url=] Cialis Online [/url]
Cialis[url=] Cialis[/url]
Cialis Without Prescription [url=]Cialis Without Prescription [/url]

January 10, 2013 at 7:39 PM  
Anonymous Anonymous said...

Vicodin [url=] Vicodin Without Prescription[/url]

January 15, 2013 at 2:43 AM  
Anonymous Anonymous said...

Viagraviagra online without prescription
Buy Cialis buy cialis online

January 17, 2013 at 11:11 AM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) Viagra **** [url=]viagra online without prescription[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 11, 2013 at 5:52 PM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) Viagra **** [url=]Viagra[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 13, 2013 at 10:40 PM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) Viagra **** [url=]Viagra[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 14, 2013 at 12:59 AM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) Viagra **** [url=]viagra online without prescription[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 22, 2013 at 11:14 AM  
Anonymous Anonymous said...

Adipex buy phentermine
Viagra Online Without PrescriptionViagra Online Without Prescription
Viagra Online Without PrescriptionViagra Online Without Prescription
buy cialis online Cialis Online

April 4, 2013 at 9:57 PM  
Anonymous Anonymous said...

Buy Klonopin[url=] Buy Klonopin[/url]

April 19, 2013 at 2:50 PM  
Anonymous Anonymous said...

Cialis Online [url=]Cialis Online[/url]

May 30, 2013 at 10:48 PM  

Post a Comment

<< Home