Before: Feinberg, Winter, and Cabranes, C.JJ.
Decided: Oct. 5, 2009
Following resentencing on remand from a previous appeal to this Court, see United States v. Rigas, 490 F.3d 208 (2d Cir. 2007), defendants-appellants challenge three decisions of the United States District Court for the Southern District of New York (Leonard B. Sand, Judge): (1) a June 24, 2008 resentencing order (in which the District Court supplied two rulings, one based on “limited” resentencing, and an alternative ruling applying de novo resentencing); (2) a November 20, 2007 opinion and order denying defendants’ motion for a new trial; and (3) a January 15, 2008 memorandum and order denying defendants’ motion to compel discovery. We hold that the District Court was required to resentence defendants de novo following the reversal of a portion of defendants’ convictions by another panel of this Court. We further hold—based on the District Court’s alternative ruling, in which the Court resentenced defendants de novo—that the new sentences were reasonable. Finally, we detect no error in the District Court’s denials of defendants’ motions for a new trial and for compelled discovery.
Affirmed.
