U.S. v. GUTIERREZ

Docket No. 08-3581-cr.

555 F.3d 105 (2009)

UNITED STATES of America, Appellee, v. Luis GUTIERREZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: February 11, 2009.


Attorney(s) appearing for the Case

Edward S. Zas, Federal Defenders of New York, Inc., New York, NY, for Defendant-Appellant.

Nicholas J. Lewin, Assistant United States Attorney (Acting United States Attorney Lev L. Dassin, and Assistant United States Attorney Daniel A. Braun, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.

Before: CABRANES, SOTOMAYOR, Circuit Judges, and RAKOFF, District Judge.


JOSÉ A. CABRANES, Circuit Judge:

We consider whether a sentencing court's decision to vacate its original sentence because defense counsel had not been afforded an opportunity to argue for a lesser sentence—as required by Rule 32 of the Federal Rules of Criminal Procedure—and the court's subsequent decision to adhere to the original sentence after hearing arguments from both sides, renders the sentence imposed procedurally

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