Saturday, March 13, 2010

The Liar's Flub

United States v. Savoca, No. 08-4610-cr (2d Cir. February 25, 2010) (Sack, Parker, CJJ, Goldberg, JCIT)

Defendant Savoca and his brother were both charged in an attempted robbery and shooting. Savoca accepted a plea agreement to a Hobbs Act attempt with a 37 to 46 month range and a “discharge” 924(c) with a mandatory 120-month consecutive sentence, for a total range of 157 to 166 months, including a 3-level reduction for acceptance of responsibility.

After he pled, but before his sentencing, Savoca testified at his brother’s trial and unsuccessfully tried to exonerate him. After the brother's conviction, when Savoca was sentenced, the district court found that he committed perjury at the trial. It accordingly added 2 levels for obstruction of justice and denied him the 3-level reduction for acceptance of responsibility. With a new range of 183-198 months, the court sentenced Savoca to 190 months, and noted that it would have imposed the same sentence even if the range were lower.

A year later, Savoca filled a § 2255 motion alleging that his appellate counsel was ineffective in failing to follow Savoca’s instruction to file a timely notice of appeal. After a hearing, the district court granted the motion and scheduled a resentencing hearing. The parties agreed that the court could either simply enter an amended judgment from which a notice of appeal could be taken, or conduct a full resentencing. The district court chose not to conduct a new sentencing, noting that Savoca should not benefit from his appellate counsel’s ineffectiveness, there was no change in the law that might affect the sentence, and that, given the offense and Savoca’s history, there was nor reason to revise the original sentence. It therefore entered an amended judgment with the same sentence.

This time, Savoca filed a notice of appeal. But the circuit affirmed. It first found that the district court properly took into account his testimony at his brother’s trial. This was consistent with the obstruction guideline and the district court’s findings on the issue were adequate. The denial of the acceptance of responsibility adjustment was likewise correct. It avoided the “incongruous” finding that Savoca both accepted responsibility and perjured himself as to the same events.

Finally, the court held that a full resentencing was not necessary. On granting the 2255, the district court had the discretion to decide whether any useful purpose would be served in reconsidering the sentence. Given the reasons it cited, the court did not abuse that discretion.


10 Comments:

Blogger doron 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 many online pharmacies were you can find

Viagra
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 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.

Vicodin Online narcotic analgesic product

Buy Vicodin relieve moderate to severe pain
Viagra Alternative You can find Buy Vicodin and
Buy Valium 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.

July 29, 2010 at 8:16 AM  
Blogger doron said...

Many pepole use Ambien Online Today.
viagra no prescription the popular insomnia relief,
viagra without prescription also no you can buy Cialis without prescription
yes it is true Cialis 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 Buy Hydrocodone can be found online Hydrocodone is very effective !

Hydrocodone is an FDA approved medication.

Oxycodone narcotic pain-reliever.

Oxycodone Online for sensation of pain.

Oxycodone should be stored between 15 to 30 C
Buy Oxycodone relief of moderate to severe pain.
Oxycontin tablets is 5 to 30 mg every 4 hours. Buy Oxycontin
narcotic pain-relievers Oxycontin may lead to increased Levitra is formulated as orange Phentermine cross debossed on one side
Ambien only for you Ativan here also Oxycontin best price Adderall online sale Loeazepam for you Hydrocodone for pain Hydrocodone on sale today Buy Hydrocodone Online here. Buy Cialis online today Buy Phentermine Online big sale Buy Phentermine in UK pharmacy Buy Cialis cheapest prices Buy Valium today Hydrocodone 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.

July 29, 2010 at 8:21 AM  
Blogger doron said...

In some cases Viagrais the best solution
Viagra Alternativemany people use
Buy xanax
and other try Xanax
you can Buy xanaxand also try to use
Phentermine
yes many pepole try
Buy Phentermine Online
and many others use
Propecia
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
Alprazolam
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 Xenical best prices Ultram online pharmacy Ambien Online best price.

July 29, 2010 at 8:23 AM  
Blogger doron said...

Clonazepam
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 .
codeine is morphine
codeine in the brain Acomplia new class Acomplia Cannabinoid-1 Phentermine Without Prescription online buy Xanax best prices Xanax worldwide delivery Xanax for the best Xanax at discount Xanax for anxity. Vicodin cheap prices Hydrocodone best solution Hydrocodone 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 Vicodin online today Valium Online without prescription Cheap Cialis onlline today Cheap Cialis usa

July 29, 2010 at 8:25 AM  
Blogger doron 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
Oxycodone
Oxycodone
Buy Xanax
Xanax
Xanax
Oxycontin
Phentermine
Phentermine
Viagra
Hydrocodone
Hydrocodone
Hydrocodone
Vicodin
Vicodin
Adipex
Propecia
Adipex

July 29, 2010 at 8:28 AM  
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 many online pharmacies were you can find

Viagra
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
Buy Valium 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 4, 2010 at 5:33 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
Propecia
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
Alprazolam
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 4, 2010 at 2:53 PM  
Anonymous Anonymous said...

Clonazepam
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 4, 2010 at 3:03 PM  
Anonymous Anonymous said...

Cialis is the best ED treatment online.
Viagra is avalible here for low low prices!
Viagra is avalible here for low low prices!
Buy Viagra online form our online pharmacy
you can find Cialis online here as well
if you would like to Buy Cialis online you have found the right place.
Cialis is drug the same as vigara.
Cialis is in fact a mail enchament drug.
on our pharmacy you can find and buy Cheap Viagra online.
Viagra is the same as cialis
Cheap Viagra is grate for cheap pepole!
Cheap Viagra is the same as not cheap viagra.
Buy Cialis Online you can find it online here.
if you like you can buy Cialis no prescription online here.
buy Cialis Without prescription here it is possible!
Buy Cialis Online with our online pharmacy store!
Buy Cialis at the cheapest price on the web !
Cialis no prescription
Cheap Cialis
Cheap Cialis
Cialis Online
Buy Cialis Online
Valium Diazepam (pronounced /da???z?p?m/), first marketed as Valium (/?v?li?m/) by .... Diazepam(Valium) DOJ.jpg. Diazepam is marketed in over 500 brands .
5mg - 10mg. 10% ADDITION DISCOUNT. Purchase best quality generic Valium
Buy Valium Online No Prescription Is Needed! Only High Quality Meds! Fda Approved Pharmacy!
Buy Valium Online Without Prescription from Official Certified Pharmacy
Buy Valium Online it is an antianxiety agent (benzodiazepines) used primarily for short-term relief of mild to moderate anxiety.
Buy Valium Online it is a drug used for the short-term relief of symptoms related to anxiety disorders.
Buy Valium Online
Buy Valium
Buy Vicodin

August 4, 2010 at 3:13 PM  
Anonymous adobe acrobat x pro download said...

Really great post, Thank you for sharing This knowledge.

November 10, 2011 at 10:48 AM  

Post a Comment

<< Home