U.S. v. Dorsey

Dist. Ct. did not err in imposing 327-month term of incarceration on drug trafficking charges, even though Dist. Ct. had previously imposed 276-month term of incarceration for said offenses at first sentencing hearing, which had been vacated and remanded due to errors occurring in imposition of certain terms of supervised release. Basis for increase of sentence was: (1) Dist. Ct.’s belief that within guidelines, 327-month sentence was appropriate at first sentencing proceeding, but Dist. Ct. was persuaded to reduce said sentence due to defendant’s argument that he would likely face consecutive sentence arising out of revocation of supervised release that he was serving at time of instant offense; and (2) by time re-sentencing had occurred, defendant had received concurrent sentence in revocation of his supervised release. Ct. rejected defendant’s argument that Dist. Ct. could not look to outcome of revocation proceeding when determining length of instant sentence. Ct. also rejected defendant’s claim that Dist. Ct. should have recused himself under 28 USC section 455(b)(3) based upon Dist. Ct.’s prior service as Assistant U.S. Attorney, since Dist. Ct. had already been on bench at time of defendant’s indictment.