United States v. Hussain
United States v. Hussain
Opinion of the Court
SUMMARY ORDER
Abul Hussain (“Hussain”) appeals from a judgment of conviction filed on January 30, 2006 principally sentencing Hussain to 63 months’ imprisonment and $303,935.23 in restitution upon a plea of guilty to one count of laundering the proceeds of credit card fraud. We assume the parties’ familiarity with the facts, the proceedings below, and the specification of issues on appeal.
Hussain has waived any challenge to the district court’s factual findings because he did not object to them below. All three of the factual findings that Hussain objects to were based on information contained in his Presentence Report (“PSR”). At sentencing, the district court asked Hussain whether he had reviewed the PSR and whether he objected to it. Hussain responded that he had reviewed the PSR and that he did not object to it, with one minor exception that is not relevant to this appeal. By explicitly declining to object to the factual matters contained in the PSR at the time of sentencing, Hussain has waived his right to challenge them on appeal. See United States v. Rizzo, 349 F.3d 94, 99 (2d Cir. 2003) (“[I]f a defendant fails to challenge factual matters contained in the presentence report at the time of sentencing, the defendant waives the right to contest them on appeal.”); United States v. Feigenbaum, 962 F.2d 230, 233 (2d Cir. 1992) (declining to consider challenges to factual matters in the PSR since the defendant “and his counsel were both given the opportunity to raise any factual errors contained in the report at the time of sentencing”).
Hussain next argues that it was unreasonable for the district court to impose a sentence within the Guidelines range in light of his history, characteristics, and attempt to cooperate with the government. Following United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), a district court’s sentence is reviewed for “reasonableness.” See United States v. Crosby, 397 F.3d 103, 114 (2d Cir. 2005). Reasonableness review “involves consideration not only of the sentence itself, but also of the procedures employed in arriving at the sentence.” United States v. Fernandez, 443 F.3d 19, 26 (2d Cir. 2006). The record shows the district court’s thorough and reasoned consideration of the relevant Guidelines factors in sentencing Hussain and there is nothing extraordinary in the facts or circumstances of this case to indicate that the sentence imposed was unreasonable.
Hussain challenges the district court’s order of restitution on the ground that he was not provided with the affidavits of loss relied upon by the district court in fashioning the restitution order. Because Hus-sain did not object to the restitution order below, we review for plain error. See United States v. Boyd, 222 F.3d 47, 49 (2d Cir. 2000) (per curiam).
Under the Mandatory Victims Restitution Act (“MVRA”), see 18 U.S.C. § 3663A et seq., the sentencing court is required to direct the probation officer to report to the
We have considered all of the defendant’s other arguments and find them without merit. Accordingly, for the foregoing reasons, the judgment of the district court is hereby AFFIRMED.
Reference
- Full Case Name
- United States v. Abul HUSSAIN
- Cited By
- 1 case
- Status
- Published