Circuit Vacates Above-Guidelines Sentence Based on Comments Concerning Deterrence and Russian Organized Crime
In United States v. Vinokurov, the Second Circuit (Wesley, Carney, Nardini) issued a summary order directing the district court to resentence Defendant Avtandil Khurtsidze in connection with his conviction on charges of racketeering conspiracy and conspiracy to commit wire fraud. The Court ordered that Khurtsidze be resentenced because of the district court’s comments at sentencing regarding the above-guidelines sentence that was imposed and the deterrent effect it could have in sending a message to “Russian organized crime.”