[Download] "United States V. Jacobson" by United States Court of Appeals for the Second Circuit * Book PDF Kindle ePub Free
eBook details
- Title: United States V. Jacobson
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 19, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Andrew Kogut appeals from Judge Duffy's imposition of a sentence of twelve months' imprisonment, three years' supervised release, and a $10,000 fine following his guilty plea to one count of conspiracy, 18 U.S.C. § 371 (1988), to receive misbranded and adulterated drugs in interstate commerce and to commit wire fraud. Although Kogut's plea agreement waived his right to appeal his sentence, Kogut challenges the length of his sentence compared with those of his co-conspirators as a denial of due process, U.S. Const. amend. V, based on Judge Duffy's reference to Kogut's national origin at the sentencing hearing. After oral argument, we asked Judge Duffy to supplement the record within twenty-one days regarding the disparity in sentences among the co-conspirators but retained jurisdiction. Judge Duffy thereafter filed an opinion questioning his power to act while we retained jurisdiction but explaining his reasons for the sentencing disparity. We address the proper procedure for supplementing the record and hold that Kogut has not waived his right to appeal from an arguably unconstitutional sentence. However, we affirm.