531 F. App'x 122
2d Cir.2013Background
- United States v. Paige, a Second Circuit summary order filed August 27, 2013, affirms an amended district-court judgment.
- Paige was sentenced to 36 months’ imprisonment for violations of supervised release after a revocation hearing.
- District Court found Paige violated supervised release by possessing a loaded firearm and by committing third-degree assault under NY Penal Law § 120.00.
- Paige challenged the admissibility of certain out-of-court statements and the reasonableness of the sentence.
- The panel affirmed the admissibility ruling as harmless error and remanded for a written statement of reasons under 18 U.S.C. § 3553(c)(2).
- The appeal proceeded under plain-error review because Paige did not raise the challenges below.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of out-of-court statements in revocation | Paige argues Confrontation Clause error | District Court erred by admitting statements | Harmless error; no reversal necessary |
| Sentencing procedure and written reasons | Disparities and lack of written reasons were errors | No plain error; procedures adequate | Remand to amend judgment with written statement of reasons; otherwise affirmed |
Key Cases Cited
- United States v. Carthen, 681 F.3d 94 (2d Cir. 2012) (hearsay exceptions and good-cause doctrine in revocation hearings)
- United States v. Fell, 531 F.3d 197 (2d Cir. 2008) (standard for admitting excited-utterance evidence in revocation hearings)
- In re Sims, 534 F.3d 117 (2d Cir. 2008) (articulates abuse-of-discretion standard in revocation context)
- United States v. Verkhoglyad, 516 F.3d 122 (2d Cir. 2008) (remand for written statement of reasons when sentence outside Guidelines)
- United States v. Marcus, 560 U.S. 258 (2010) (plain-error standard for appellate review)