United States v. Lee, No. 10-493 (2d Cir. 2011)
Annotate this CaseDefendant plead guilty to narcotics violations in connection with a scheme to import cocaine and was sentenced principally to a term of 235 months imprisonment. On appeal, defendant contended that his sentence was procedurally and substantively unreasonable. The court held that the government's refusal to move for a third-point reduction under U.S.S.G. 3E1.1(b) in this case was based on an unlawful reason because the government could not refuse to move on the grounds that it had been required to prepare for a Fatico hearing. In light of the court's holding, it did not reach the issue of substantive reasonableness, but did reject defendant's arguments regarding the disparity between his sentence and those imposed on his co-defendants; his lack of prior criminal record; and his medical condition. Accordingly, the sentence was vacated and the case was remanded for resentencing.
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