United States v. Lisi

Summary

The Second Circuit affirmed the conviction and sentence of Brandon Lisi, a former attorney who pleaded guilty to conspiracy to commit wire fraud. The court held that Lisi's valid and enforceable appellate waiver barred his challenge that the sentence violated the parsimony clause of 18 U.S.C. § 3553(a), and that his ineffective assistance of counsel claim was not reviewable on direct appeal. The court also rejected Lisi's pro se arguments that his plea was involuntary and that venue was improper, noting that venue objections are waived by a guilty plea.

Holdings

1. Lisi's challenge to his sentence, including his parsimony clause argument, is barred by the appellate waiver contained in his plea agreement.
2. The court does not consider this claim at this time because it was not raised below and the appellate record is insufficient. Lisi may raise the issue in a petition under 28 U.S.C. § 2255.
3. Lisi's arguments that his guilty plea was not voluntary or knowing are unavailing.
4. Lisi has waived any argument that venue was improper.

Questions Presented

1. Whether Lisi's sentence violates the parsimony clause of 18 U.S.C. § 3553(a) because the sentencing court did not mention parsimony during sentencing, making the sentence procedurally unreasonable.
2. Whether Lisi's attorney at sentencing was ineffective.
3. Whether Lisi's plea agreement was entered voluntarily and knowingly.
4. Whether the district court erred in sentencing Lisi.
5. Whether venue in the Southern District of New York was proper.

Disposition

affirmed