United States v. Chervin, No. 13-631-cr (2d Cir. Jan. 30, 2014) (Kearse, Pooler, and Raggi) (summary order), available here
conspiracy to commit mail fraud and conspiracy to commit health care fraud). He asserted that the sentence was unreasonable because it was disproportionate to
the sentences imposed on others involved in the same scheme. Finding that
Chervin had failed to demonstrate that he was similarly situated to his co-defendants
(for example, Chervin was the only defendant to go to trial, he never accepted responsibility, and his co-defendants were convicted of
different crimes), the Circuit refused to find any procedural or substantive
error in the sentence imposed. Notably, the Court reiterated the rule stated
in United States v.