United States v. Sawyer, No. 15-2276 (2d Cir. 2018)Annotate this Case
On a second appeal following resentencing, the Second Circuit vacated defendant's 300 month sentence for production of child pornography and receipt of child pornography. The court held that the district court did not sufficiently address on remand deficiencies in the district court's analysis. The district court failed to comply with the mandate rule when it ordered no downward departure on either of the grounds specifically identified in the court's summary order as grounds for significant downward departures. The court remanded for resentencing and assigned the matter to a different judge where the district court noted on the record her continuing disagreement with the court and informed the court that "it would probably be better for judicial economy if another judge sentence for a third time."
The court issued a subsequent related opinion or order on October 26, 2018.