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United States v. Barresi

Citation: 138 F. App'x 378Docket: Docket No. 04-3782-CR

Court: Court of Appeals for the Second Circuit; July 8, 2005; Federal Appellate Court

Narrative Opinion Summary

Jack Barresi appeals the two-year prison sentence imposed on June 18, 2004, following his guilty plea to two counts of violating supervised release. His sole argument for reversal is that the sentence is excessively harsh. The court reviews the reasonableness of such sentences deferentially, acknowledging that the district court is better positioned to assess a defendant based on the full context of the proceedings. Citing precedent, the court finds Barresi’s sentence reasonable and comparable to similar cases, such as United States v. Pelensky, which upheld a three-year sentence. Consequently, the court affirms the district court's judgment.

Legal Issues Addressed

Affirmation of District Court Judgment

Application: The appellate court affirms the district court's sentencing decision when it finds the sentence reasonable and aligned with precedents.

Reasoning: Consequently, the court affirms the district court's judgment.

Comparison to Precedent in Sentencing

Application: The appellate court assesses the reasonableness of a sentence by comparing it to similar cases, thereby ensuring consistency and fairness in sentencing practices.

Reasoning: Citing precedent, the court finds Barresi’s sentence reasonable and comparable to similar cases, such as United States v. Pelensky, which upheld a three-year sentence.

Standard of Review for Sentences

Application: The court examines the reasonableness of a sentence with deference to the district court's judgment, emphasizing the district court's superior position to evaluate the defendant's circumstances.

Reasoning: The court reviews the reasonableness of such sentences deferentially, acknowledging that the district court is better positioned to assess a defendant based on the full context of the proceedings.