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U.S. v. BOHN

Nos. 545, 685, Dockets 91-1443, 91-1444.

959 F.2d 389 (1992)

UNITED STATES of America, Appellee, v. Edward BOHN and Maxine Heckroth, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 19, 1992.

Attorney(s) appearing for the Case

Nicholas M. DeFeis, New York City (Milbank, Tweed, Hadley & McCloy, New York City, Martin I. Saperstein, Goodman, Saperstein, & Steinitz, Garden City, N.Y.), for defendants-appellants.

Jonathan D. Polkes, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., Emily Berger, Asst. U.S. Atty., on the brief), for appellee.

Before: FEINBERG, NEWMAN, and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal in a criminal case poses, in a novel context, the issue of what options are open to a defendant and a sentencing judge on remand when a sentence exceeds a sentence bargain that specified only one component of the sentence. The issue arises on an appeal by Edward Bohn and Maxine Heckroth from judgments entered July 12, 1991, in the District Court for the Eastern District of New York (Thomas C. Platt, Chief Judge), convicting...

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