United States v. Fleming

This sentencing appeal challenges a two-year term of imprisonment imposed for violation of supervised release. The sentence was imposed before the decision of the Supreme Court in United States v. Booker, 125 S. Ct. 738 (2005) ("Booker/Fanfan"). The appeal presents the issues of whether the District Court erred in its consideration of relevant sentencing criteria or in determining the length of the prison term. Defendant-Appellant Daniel Lee Fleming appeals from the March 29, 2004, judgment of the District Court for the Eastern District of New York (Nina Gershon, District Judge). We conclude that there was no error, that the sentence is not unreasonable, and that there is no need to remand for consideration of whether to resentence. We therefore affirm.