United States v. Peters, 091319 FED2, 18-2579-cr

Docket Nº:18-2579-cr
Party Name:UNITED STATES OF AMERICA, Appellee, v. MICKAYLA PETERS, Defendant, KENNETH SEALES aka G, Defendant-Appellant.
Attorney:For Defendant-Appellant: Bruce R. Bryan, Esq., Syracuse, NY. For Appellee: Matthew J. Lasher, Gregory L. Waples, Assistant United States Attorneys, for Christina E. Nolan, United States Attorney for the District of Vermont, Burlington, VT.
Judge Panel:PRESENT: ROBERT A. KATZMANN, Chief Judge, JOHN M. WALKER, Jr., MICHAEL H. PARK, Circuit Judges.
Case Date:September 13, 2019
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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UNITED STATES OF AMERICA, Appellee,

v.

MICKAYLA PETERS, Defendant,

KENNETH SEALES aka G, Defendant-Appellant.

No. 18-2579-cr

United States Court of Appeals, Second Circuit

September 13, 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UNPUBLISHED OPINION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 13th day of September, two thousand nineteen.

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

For Defendant-Appellant: Bruce R. Bryan, Esq., Syracuse, NY.

For Appellee: Matthew J. Lasher, Gregory L. Waples, Assistant United States Attorneys, for Christina E. Nolan, United States Attorney for the District of Vermont, Burlington, VT.

PRESENT: ROBERT A. KATZMANN, Chief Judge, JOHN M. WALKER, Jr., MICHAEL H. PARK, Circuit Judges.

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

Kenneth Seales appeals from a judgment of the United States District Court for the District of Vermont (Reiss, J.), entered August 28, 2018, sentencing him principally to 90 months' imprisonment for conspiracy to distribute heroin and cocaine base in violation of 21 U.S.C. §§ 846 and 841. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

Seales argues that his sentence was substantively unreasonable given, among other things, his background, age, criminal history, and remorse, and the detrimental effect that 90 months in prison will have on his rehabilitation.1 A sentence is substantively unreasonable if it is "shockingly high" or "otherwise unsupportable as a matter of law." United States v. Jones, 878 F.3d 10, 19 (2d Cir. 2017).[2] The weight to be afforded the various mitigating and aggravating...

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