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U.S. v. CORE

No. 1649, Docket 96-1790.

125 F.3d 74 (1997)

UNITED STATES of America, Appellee, v. Daniel CORE; Jack Cruz, Defendants, Javier Reyes, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 9, 1997.

Attorney(s) appearing for the Case

Henriette D. Hoffman, New York City (The Legal Aid Society, New York City, Of counsel), for Defendant-Appellant.

Richard C. Daddario, Assistant United States Attorney, New York City (Mary Jo White, United States Attorney for the Southern District of New York, New York City, Craig A. Stewart, Assistant United States Attorney, Of Counsel), for Appellee.

Before: MESKILL, JACOBS, and LEVAL, Circuit Judges.

LEVAL, Circuit Judge:

This appeal from a sentence imposed on resentencing raises the question whether the law forbids downward departure based on the defendant's conduct in prison while serving the sentence initially imposed. At his resentencing hearing, defendant Javier Reyes sought a downward departure based on evidence of his rehabilitation during his several years of incarceration. The United States District Court for the Southern District of New York (Charles...

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