United States v. Lutchman, No. 17-291 (2d Cir. 2018)Annotate this Case
The Second Circuit affirmed defendant's 240 month sentence after he pleaded guilty to conspiracy to provide material support to a foreign terrorist organization. The court held that, although defendant's plea agreement contained an appellate waiver, the plea agreement was not supported by consideration and the court declined to enforce it to bar defendant's appeal. On the merits, the court held that the district court did not commit procedural error when it refused to apply a 3‐level reduction under USSG 2X1.1(b)(2) for a conspiracy that ripened into a substantially completed offense or came close enough to fruition. Furthermore, defendant's sentence was substantively reasonable where the district court considered defendant's mental illness as a mitigating factor along with other sentencing factors.