United States v. James
708 F. App'x 32
| 2d Cir. | 2018Background
- Defendant Raymond James pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- The district court calculated a Guidelines range of 24–30 months and imposed a 27‑month custodial sentence.
- The court considered James’s rehabilitation prospects and his lengthy criminal history, including prior firearm use in crimes and that he committed the instant offense on parole.
- James appealed, arguing the 27‑month sentence was substantively unreasonable.
- The Second Circuit reviews substantive-reasonableness challenges under a deferential abuse-of-discretion standard and will set aside a sentence only in exceptional cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether James’s 27‑month within‑Guidelines sentence is substantively unreasonable | Government: sentence is reasonable given criminal history and need for deterrence and respect for law | James: sentence is substantively unreasonable—court relied mainly on specific deterrence despite incarceration previously failing to deter him | Affirmed: within‑Guidelines 27‑month sentence not substantively unreasonable; district court did not abuse its discretion |
Key Cases Cited
- United States v. Cavera, 550 F.3d 180 (2d Cir. 2008) (en banc) (articulates deferential abuse-of-discretion review for substantive-reasonableness challenges)
- United States v. Broxmeyer, 699 F.3d 265 (2d Cir. 2012) (discusses sentencing judge’s discretion in weighing factors)
- United States v. Rigas, 583 F.3d 108 (2d Cir. 2009) (describes when a sentence is shockingly high or low)
- United States v. Ryan, 806 F.3d 691 (2d Cir. 2015) (notes that Guidelines sentences typically fall within the range of reasonable sentences)
- United States v. Jones, 531 F.3d 163 (2d Cir. 2008) (addresses reasonableness review of within-Guidelines sentences)
- United States v. Perez-Frias, 636 F.3d 39 (2d Cir. 2011) (explains appellate court will not second-guess sentencing judge’s weight given to factors)
