United States v. Salim, No. 10-3648 (2d Cir. 2012)Annotate this Case
Defendant appealed from a judgment resentencing him for attacking a correctional officer while he was an inmate. On appeal, defendant argued primarily that his resentencing by videoconference constituted a violation of his right to be physically present. The court agreed that the government had not satisfied its burden of proving that he waived his right to be present and that the district court erred in finding a valid waiver. However, this error did not prejudice defendant. The court also held that defendant's sentence was reasonable and therefore, affirmed the judgment.