Monday, July 8, 2013

NY - U.S. v. COOPER

Original Article

Diigo Post Excerpt:
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.

Defendant-appellant Henry Lee Cooper pleaded guilty to one count of failing to update his registration as required by the Sex Offender Registration and Notification Act. See 18 U.S.C. § 2250. The district court imposed a thirty-month sentence, the top of the applicable guidelines range, which Cooper now challenges as both procedurally and substantively unreasonable. We assume the parties' familiarity with the facts and record of prior proceedings, which we reference only as necessary to explain our decision. Cooper's challenges to the procedural reasonableness of his sentence were not raised below. Therefore, our review is for plain error. United States v. Brennan, 395 F.3d 59, 71 (2d Cir. 2005).


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