United States v. Flower, 112019 FED2, 18-3041-cr

Docket Nº:18-3041-cr
Party Name:United States of America, Appellee, v. Sherry L. Flower, Defendant-Appellant.
Attorney:For Appellee: Joseph R. Perella, Gregory L. Waples, Assistant United States Attorneys, for Christina E. Nolan, United States Attorney for the District of Vermont, Burlington, VT For Defendant-Appellant: Jonathan I. Edelstein, Edelstein & Grossman, New York, NY
Judge Panel:Present: Pierre N. Leval, Richard C. Wesley, Debra Ann Livingston, Circuit Judges.
Case Date:November 20, 2019
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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United States of America, Appellee,

v.

Sherry L. Flower, Defendant-Appellant.

No. 18-3041-cr

United States Court of Appeals, Second Circuit

November 20, 2019

UNPUBLISHED OPINION

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 20th day of November, two thousand nineteen.

Appeal from a judgment of the United States District Court for the District of Vermont (Crawford, C.J.).

For Appellee: Joseph R. Perella, Gregory L. Waples, Assistant United States Attorneys, for Christina E. Nolan, United States Attorney for the District of Vermont, Burlington, VT

For Defendant-Appellant: Jonathan I. Edelstein, Edelstein & Grossman, New York, NY

Present: Pierre N. Leval, Richard C. Wesley, Debra Ann Livingston, Circuit Judges.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.

Defendant-Appellant Sherry Flower ("Flower") appeals from her October 12, 2018 sentence of eighteen months' incarceration, imposed in the United States District Court for the District of Vermont (Crawford, C.J) for multiple violations of the terms of her supervised release in connection with a prior felony. The district court found by a preponderance of the evidence that Flower had, inter alia, burglarized a Subway restaurant during her term of supervised release. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

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Flower argues that...

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