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U.S. v. Guzman

United States Court of Appeals, Second Circuit
Jan 25, 2007
204 F. App'x 1000 (2d Cir. 2007)

Opinion

No. 06-0841-cr.

January 25, 2007.

Appeal from the United States District Court for the Southern District of New York (Keenan, J.).

For Appellee: MICHAEL J. GARCIA, United States Attorney for the Southern District of New York (Joshua A. Levine and Katherine Polk Failla, Assistant United States Attorneys on the brief), New York, N.Y.

For Defendant-Appellant: DAVID SAMEL, New York, N.Y.

Present: HON. ROBERT A. KATZMANN, HON. PETER W. HALL, Circuit Judges, HON. DAVID G. TRAGER, District Judge.

The Honorable David G. Trager, of the United States District Court for the Eastern District of New York, sitting by designation.


On consideration whereof, it is hereby ORDERED, ADJUDGED, and DECREED that the order of the district court, entered January 18, 2006, and the judgment of conviction, entered on April 8, 2003, be and hereby are AFFIRMED.

Defendant-appellee ("Guzman") appeals an order, entered January 18, 2006, denying his application for resentencing pursuant to United States v. Crosby, 397 F.3d 103 (2d Cir. 2005). Guzman argues that the decision not to resentence him resulted in a sentence that was unreasonable. We assume the parties' familiarity with the facts, the proceedings below, and the specification of issues on appeal.

We review a district court's sentence for "reasonableness," an inquiry that includes both procedural reasonableness and substantive reasonableness. Id. at 114-15. Guzman has not challenged the procedural reasonableness of his sentence. In our review for substantive reasonableness we ask "whether the length of the sentence is reasonable in light of the factors outlined in 18 U.S.C. § 3553(a)." United States v. Rattoballi, 452 F.3d 127, 132 (2d Cir. 2006). Here, given the circumstances of this case, we do not find a sentence at the lower end of the Guidelines range to be substantively unreasonable.

Accordingly, for the foregoing reasons, the order of the district court and the judgment of conviction are hereby AFFIRMED.


Summaries of

U.S. v. Guzman

United States Court of Appeals, Second Circuit
Jan 25, 2007
204 F. App'x 1000 (2d Cir. 2007)
Case details for

U.S. v. Guzman

Case Details

Full title:UNITED STATES OF AMERICA, Appellee, v. MANUEL ROBLES GUZMAN…

Court:United States Court of Appeals, Second Circuit

Date published: Jan 25, 2007

Citations

204 F. App'x 1000 (2d Cir. 2007)

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