Second Circuit – Sealed defendant: United States v. Sealed defendant one

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United States Court of Appeals for the Second Circuit

Sealed defendant

Sentencing – Videoconference – Plea agreement

United States v. Sealed defendant one

21-118

Judges Newman, Chin, and Sullivan

Background: The defendant appealed from a conviction to one count of transmitting a threat in interstate commerce, one count of threatening to assault a federal law officer, and one count of obstruction of justice. The defendant was sentenced to 84 months in prison.

Ruling: The Second Circuit affirmed. The court held that the plea agreement expressly provided for the government to take the very actions defendant characterizes on appeal as breaches of agreement. The court provided adequate notice and factual support for the sentencing variances and enhancements it applied and the defendant knowingly and voluntarily waived his right to be physically present at sentencing. Finally, the Second Circuit held that the sealed sentencing conducted by videoconference do not implicate Rule 53 of the Federal Rules of Criminal Procedure’s prohibition on broadcasting judicial proceedings from the courtroom or the procedural requirements of the CARES Act’s exception to Rule 53.

Jeffrey Chabrowe for the defendant-appellant; Andrew DeFilippis, assistant United States attorney, for the appellee.