U.S. v. STEPHENS

Docket No. 03-1006.

347 F.3d 427 (2003)

UNITED STATES of America, Appellee, v. Illaya STEPHENS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 22, 2003.


Attorney(s) appearing for the Case

Steven M. Statsinger, Legal Aid Society, Federal Defender Division Appeals Bureau, New York, NY, for Appellant.

Peter Katz, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Barbara D. Underwood, Chief Assistant United States Attorney, Susan Corkery, Assistant United States Attorney, on the brief), Central Islip, NY, for Appellee.

Before: WALKER, Chief Judge, CARDAMONE and SOTOMAYOR, Circuit Judges.


JOHN M. WALKER, Jr., Chief Judge.

This appeal presents an issue of first impression in the Second Circuit: whether § 5F1.1, Application Note 2 of the United States Sentencing Guidelines ("U.S.S.G." or "the Guidelines") prohibits a sentence of community confinement longer than six months when the confinement is unrelated to a specific rehabilitative program, such as drug rehabilitation. We hold that, although generally application notes are binding, by its language...

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