The Second Circuit appeared likely Thursday to order resentencing for a noted boxer convicted of scheming with a Russian crime boss, because of statements the sentencing judge made about the boxer's national origin that appear to run afoul of controlling law (article available here).
The defendant was sentenced to 10 years in prison in 2018 after he was convicted of conspiracy while acting as an enforcer for a Russian crime boss who operated in the New York City area. At sentencing, the trial judge said the defendant is "somebody who can walk into various places within the Georgian community here in the United States and be recognized and be seen. And therefore, he is able to convey and be a vehicle for a message of general deterrence."
The boxer argued on appeal that the trial court's comments about deterring crime in the Georgian community ran afoul of the circuit's 2007 precedent in U.S. v. Kaba that "even the appearance" that a sentence is tied to race or nationality will "ordinarily require a remand." The appellate panel was inclined to side with the defense stating, substitute the words "African American" for "Georgian" and the problem becomes clear. "Why is the fact that he's Georgian any less difficult? The government wants to defend this?" one circuit judge asked. Another judge remarked, "I'm not sure why you're fighting this one."
The case is United States v. Shulaya, 18-2522, in the U.S. Court of Appeals for the Second Circuit.