United States v. Paquin, No. 13-253-cr (2d Cir. Jan. 23, 2014) (Kearse, Raggi, and Korman) (summary order), available hereThis summary was prepared by noted criminal defense attorney Francisco Celedonio, Esq., who is also a member of the Board of Directors of Federal Defenders of New York, Inc.:
After Paquin violated the terms of supervised release, he was sentenced to six months of imprisonment and an additional 48 months of supervised release. On appeal, he argued that the 48-month term of supervised release was procedurally and substantively unreasonable. This summary order rejects the defendant's arguments.
Reviewing for "plain error" only (since Paquin failed to object in the district court), the Circuit held that the district court's statements at sentencing were sufficient to establish that the court had "considered the parties' arguments" and had a "reasoned basis for exercising its own legal decision-making authority." As to substantive reasonableness, the Circuit upheld the 48-month term of post-release supervision "in light of the undisputed evidence that Paquin violated his supervised release in multiple ways and on multiple occasions." The Circuit noted, moreover, that the Probation Office had recommended a 60-month period of post-release supervision.