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U.S. v. PRESCOTT

No. 64, Docket 90-1156.

920 F.2d 139 (1990)

UNITED STATES of America, Appellee, v. Philip PRESCOTT, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 28, 1990.

Attorney(s) appearing for the Case

Michael Shapiro, New York City (Slotnick & Baker, New York City, of counsel), for appellant.

Denis M. King, Asst. U.S. Atty., D. Connecticut, Bridgeport, Conn. (Stanley A. Twardy, Jr., U.S. Atty., D. Conn., New Haven, Conn., of counsel), for appellee.

Before FEINBERG and CARDAMONE, Circuit Judges, and RE, Chief Judge.

CARDAMONE, Circuit Judge:

This appeal by a defendant alleging violation of his due process rights implicates the scope of discretion trial courts possess in determining the facts that affect a sentence. Once the time comes to set a defendant's sentence, a district court's range of discretion is confined by the Sentencing Guidelines; yet, it need not tread a narrow path to arrive at that day, for the course it follows in resolving disputed facts at sentencing remains...

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