United States v. Foreman
United States v. Foreman
Opinion of the Court
SUMMARY ORDER
Defendant-appellant Peter Foreman challenges an October 3, 2008 judgment of
Substantially for the reasons stated by the District Court in its careful and thoughtful memorandum and order of January 7, 2008, see United States v. Foreman, No. 07-cr-0735, 2008 WL 123833 (S.D.N.Y. Jan.7, 2008), we hold that the District Court did not err in denying defendant’s motion to suppress the firearm police found on his person.
Defendant’s sentence was not proeedurally unreasonable. See United States v. Cavera, 550 F.3d 180, 189 (2d Cir. 2008) (en banc) (“[AJppellate scrutiny [of sentences] encompasses two components: procedural review and substantive review.”). First, there is nothing in the record to suggest that the District Court viewed the Guidelines as mandatory. Second, defendant’s argument that the District Court violated 18 U.S.C. § 3553(a)(2) (i.e., the “parsimony clause”) is without merit.
For the reasons stated above, the October 3, 2008 judgment of the District Court is AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.