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Second Circuit panel advocates "more flexible approach" to tough guideline determinations

By Douglas A. Berman

In an intriguing and potentially very important little ruling today, a (two-judge) panel of the Second Circuit in US v. Dharfir, No. 05-5965 (2d Cir. Aug. 18, 2009) (available here), endorses and seems to urge district judges to adopt a "more flexible approach" to the guidelines when sentencing in cases involving "ambiguous circumstances."  Because of its potential impact in lots of settings, Dharfir should be read in full by folks both inside and outside the Second Circuit.  Here is some of the key language: Given these ambiguities and the contradictory positions the government took at trial and at sentencing, we believe the judge overlooked another permissible approach under our post-Booker jurisprudence.  In United States v. Crosby, 397 F...continue to full post

Full post as published by Sentencing Law and Policy on August 18, 2009 (boomark / email).