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United States v. Brown

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


May 16, 2006

UNITED STATES
v.
ERNEST BROWN DEFENDANT.

The opinion of the court was delivered by: Trager, J

MEMORANDUM AND ORDER

On February 27, 2006, the Court of Appeals for the Second Circuit granted defendant Ernest Brown's ("Brown") motion to recall the mandate, reinstate his appeal and remand for sentencing reconsideration pursuant to United States v. Crosby, 397 F.3d 103 (2d Cir. 2005).

In a letter dated March 7, 2006, Brown requested I reconsider and reduce his forty-six-month sentence and three-year term of supervised release to a term of time-served followed by a two-year term of supervised release. Despite the excellent submission by Brown's counsel, I still find that the forty-six-month sentence was reasonable in light of all the factors in 18 U.S.C. § 3553 (a).

As for the requested reduction in the term of supervise release, it would be inappropriate to reduce the term until the progress Brown makes following his release from prison can be evaluated. Should Brown show satisfactory adjustment, I would be willing to entertain an application for reduction if the probation department should recommend that course.

SO ORDERED

David G. Trager United States District Judge

20060516

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