United States v. Marcus, 517 F. App'x 8

Defendant Glenn Marcus was convicted of forced labor under 18 U.S.C. § 1589(1) & (2) and sentenced to 96 months’ imprisonment, 5 years’ supervised release, and $54,497 restitution.
This appeal follows prior Second Circuit decisions and a Supreme Court review in Marcus, with resentencing after the sex-trafficking conviction was vacated.
The March 5, 2012 resentencing reduced Marcus’s exposure and produced a below-Guidelines sentence based on various factors.
Marcus argues the district court failed to properly weigh his medical condition under the § 3553(a) factors and that their findings were clearly erroneous.
The Court reviews both procedural and substantive reasonableness of sentences under an abuse-of-discretion standard, applying deferential review.
The district court found Marcus’s medical condition warranted some consideration but not to a degree that would alter the below-Guidelines sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court properly weighed § 3553(a) factors	Marcus claims improper consideration of medical condition	Marcus argues factual errors and inadequate weighing	No error; factors weighed properly
Whether the 96-month sentence is substantively reasonable	Marcus contends sentence unreasonably long given circumstances	Court below-Guidelines range; considering mitigating factors	Sentence substantively reasonable; below range but within permissible range

United States v. Watkins, 667 F.3d 254 (2d Cir. 2012) (procedural reasonableness standard; § 3553(a) factors guidance)
United States v. Fernandez, 443 F.3d 19 (2d Cir. 2006) (procedural and substantive reasonableness review principles)