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Second Circuit Sentencing Blog 
Summaries and analysis of ALL sentencing decisions in the Second Circuit and the disrict courts of the Second Circuit.
Post Frequency: 0.6/day Last Entry: November 23, 2010 at 15:17:29 Recent Entries: 219
Go to Second Circuit Sentencing Blog, find other Federal Judiciary blogs, or browse all law blogs.
Is Substantive Reasonableness Review Dead?
Posted on October 24, 2009United States v. Rigas, Docket Nos. 08-3485-cr (L), 08-3500-cr (CON), 08-3592-cr (CON), 08-3597-cr (CON), 2009 WL 3166066 (2d Cir. Oct. 5, 2009) You remember the Rigas father and son team. Convicted in June 2004 of perpetrating a massive fraud involving...
Defendant Taken Advantage Of -- Family Circumstances -- Non-Guidelines Sentence
Posted on October 24, 2009United States v. Morillo, No. 08-CR-920 (JBW), 2009 WL 3174096 (E.D.N.Y. Oct. 1, 2009) Quick note: Morillo pled guilty to importing heroin into the United States, for which she faced an advisory Guidelines range of imprisonment of between 37 to...
The Constitutional Right To Speedy Sentencing
Posted on October 24, 2009United States v. Ray, 578 F.3d 184 (2d Cir. 2009) There was a 15 (that's right -- 15) year gap between a decison by the Second Circuit reversing Ray's sentence and remanding for resentencing, and the actual resentencing hearing, at...
District Court Protest Concerning Criminal History Category Adjustments And The Safety Valve
Posted on October 24, 2009United States v. Feaster, No. 07-CR-874 (JBW), 2009 WL 2757157 (E.D.N.Y. Aug. 26, 2009) The district court sentenced Feaster to 120 months (10 years) imprisonment (the mandatory minimum for his narcotics offense), but was clearly not happy about it. Specifically,...
Safety Valve And Resentencing
Posted on October 24, 2009United States v. Santano, No. 07-CR-874 (JBW), 2009 WL 2600356 (E.D.N.Y. Aug. 24, 2009) An unusual procedural history and flexibility on the part of the district court yields a just sentence. Santano was convicted of conspiracy to distribute and possession...
Imposing Role Adjustment Without Specific Factual Findings Constitutes "Plain Error"
Posted on October 24, 2009United States v. Ware, 577 F.3d 442 (2d Cir. 2009) Ware was convicted of securities fraud and conspiracy to commit securities fraud, and was sentenced principally to 97 months imprisonment. Proceeding pro se on appeal, Ware challenged, among other things,...
Close To The Line Of Procedural Unreasonableness
Posted on October 21, 2009United States v. Bender, No. 08-3103-cr., 2009 WL 2476691 (2d Cir. Aug. 14, 2009) Bender challenged the procedural and substantive reasonabless of his 120 month sentence. Specifically, the Second Circuit noted that the district court had satisfied its obligation to...
Short Interesting Commentary On The Upper End Of Substantive Reasonableness
Posted on October 21, 2009United States v. Giordano, No. 07-3487-cr (2d Cir. Aug. 12, 2009) (found here) Giordano challenged, among other things, the substantive reasonableness of his 37 year sentence for some clearly bad conduct that is not detailed in the Second Circuit's summary...
Sadism And The Guidelines
Posted on October 21, 2009United States v. Freeman, Docket No. 08-1886-cr., 2009 WL 2430667 (2d Cir. Aug. 10, 2009) On appeal, Freeman challenged the district court's application of a four level enhancement for the possession of images containing sadistic or masochistic conduct...
Second Circuit: 2001 Change To U.S.S.G. § 2F1.1(b)(7)(B) Does Not Apply Retroactively
Posted on October 21, 2009United States v. Amico, 573 F.3d 150 (2d Cir. 2009) Amico and the Government disputed the question of whether a 2001 amendment to the Guidelines applies retroactively. Specifically, Section 2F1.1(b)(7)B) of the 1998 Guidelines states, in relevant part, that if...
What Judges Really Think
Posted on October 21, 2009United States v. Fishman, 631 F. Supp. 2d 399 (S.D.N.Y. 2009) Fishman was a partner at law firm Latham & Watkins, and pled guilty to a multi-year scheme in which committed dozens if not hundreds of acts of dishonesty and...
A Reminder Of The Power Of Cooperation
Posted on October 21, 2009United States v. Kidd, No. 07-CR-798 (JBW), 2009 WL 2226486 (E.D.N.Y. June 5, 2009) Kidd pled guilty to a heroin offense, for which she faced an advisory Guidelines range of imprisonment of between 41 and 51 months. But she cooperated...
Procedural Error For Presuming The Guidelines To Be Reasonable
Posted on October 20, 2009United States v. Peguero, No. 07-2306-CR., 2009 WL 2524006 (2d Cir. Aug. 19, 2009) Peguero appealed from a judgment sentencing him to 50 months imprisonment. At sentencing the district court stated: "I have the ability to do justice and depart...
Rejection Of Non-5K Cooperation As A Basis For Non-Guidelines Sentence Affirmed On Appeal
Posted on October 20, 2009United States v. Martin, No. 08-2622-cr., 2009 WL 2524003 (2d Cir. Aug. 19, 2009) Martin appealed his 180 months sentence for a cocaine offense, which sentence was substantially below the sentencing range of 262 to 362 months recommended by the...
Non-Guidelines Sentence Based On Downward Adjustment Of Criminal History Score
Posted on October 20, 2009United States v. Majano-Alvarez, No. 07-CR-839 (JBW), 2009 WL 2878447 (E.D.N.Y. Sept. 2, 2009) Majano-Alvarez pled guilty to a single-count indictment for illegal re-entry. He faced an advisory Guidelines range of 57 to 71 months, yet was sentenced to 30...
Non-5K Cooperation Leads (In Part) To A Non-Guidelines Sentence
Posted on October 20, 2009United States v. Baldev, No. 08-CR-868 (JBW), 2009 WL 2878445 (E.D.N.Y. Sept. 2, 2009) A quick note: Baldev pled guilty to count two of a five-count indictment, which charged that he, together with others, conspired to distribute and possess with...
20:1 Crack/Powder Ratio and Difficult Family Circumstances
Posted on October 20, 2009United States v. Dozier, No. S2 Cr. 008-01 (RWS), 2009 WL 2870079 (S.D.N.Y. Sept. 3, 2009) Dozier was convicted of one count of conspiracy to distribute and possess with an intent to distribute crack cocaine, for which he faced life...
Possible Signal Concerning Higher Level Of Scrutiny For Restitution Orders From The Second Circuit?
Posted on July 15, 2009United States v. Pearson, No. 07-0142-cr (2d Cir. July 2, 2009) (found here) Pearson appealed from a judgment convicting him, following a guilty plea, of multiple counts of producing, transporting, receiving and possessing child pornography. He was sentenced to fifteen...
Sick Wife and Rehabilitation = Non-Guidelines Sentence
Posted on July 15, 2009United States v. Saines, No. 07-CR-522 (JBW), 2009 WL 1851003 (E.D.N.Y. June 29, 2009) Short Note: Saines pled pled guilty to a single-count information charging a structuring offense, for which he faced an advisory Guidelines range of 24 to 30...
The Ex Post Facto Clause In The Post-Booker World
Posted on July 01, 2009The following is my article (with Charles Clayman) in today's New York Law Journal entitled "The Ex Post Facto Clause In the Post-'Booker' World." July 01, 2009 "Fascinating "and "intriguing" are not words typically used when referring to the United....
Bernard Madoff Sentence: 150 Years (Or 1,800 Months)
Posted on June 29, 2009You can read the news reports, watch the news, skim the blogs, etc. But nothing substitutes for knowing precisely what happened in Judge Chin's courtroom this morning. For those who are interested in the unvarnished view, here is the transcript...
Failure To Abide By "Transitional Supervision" Not A Violent Felony Within The Meaning of ACCA
Posted on June 26, 2009United States v. Mills, Docket No. 07-0308-cr (2d Cir. June 26, 2009) Mills challenged a district court's finding that he qualified for ACCA sentencing because of his prior Connecticut escape conviction. Specifically, Mills was released from Connecticut prison and placed...
Post-Offense Rehabilitation (And Cooperation) Result In Wide Variance
Posted on June 26, 2009United States v. Cadle, No. 04-CR-750 (JBW), 2009 WL 1764980 (E.D.N.Y. June 11, 2009) Short Note: Cadle pled guilty to conspiring to import cocaine into the United States, an offense for which she faced an advisory Guidelines range of 37...
A Good Man Catches A Break
Posted on June 26, 2009United States v. Medeiros, No. 08-CR-0696 (JBW), 2009 WL 1764981 (E.D.N.Y. June 18, 2009) Short Note: Medeiros pled guilty to illegal re-entry into the United States.an offense for which he faced an advisory Guidelines range of 70 to 87 months...
No Surprise: Procedural Error Based On District Court's Adoption Of Two Different Advisory Guidelines Ranges
Posted on June 24, 2009United States v. Hossain, No. 08-3805-cr (2d Cir. June 24, 2009) Hossain complained about procedural error in his sentencing hearing -- specifically, the district court "erred by not calculating and identifying the applicable Sentencing Guidelines range and by failing to...
Second Circuit: No Problem That Defendant And His Counsel Didn't See PSR Addendum Because They Saw A Government Letter Referencing Same
Posted on June 24, 2009United States v. Simmons, No. 08-4031-cr (2d Cir. June 24, 2009) Simmons argued on appeal that he was denied due process because his attorney did not receive a copy of an addendum to his PSR when he appeared for resentencing...
It's Difficult To Register As A Sex Offender If You're Homeless
Posted on June 24, 2009United States v. Akin, No. 08-CR-613 (JBW), 2009 WL 1743925 (E.D.N.Y. June 15, 2009) Short Note: Akin pled guilty to a single-count indictment charging that he traveled interstate and failed to update his sex offender registration, an offense for which...
Bottom End Of The Guidelines For "Primary Caregiver"
Posted on June 24, 2009United States v. Dey, No. 07-CR-725 (JBW), 2009 WL 1720956 (E.D.N.Y. June 18, 2009) Short Note: Dey pled guilty certain gambling offenses, and faced an advisory Guidelines range of 6 to 12 months imprisonment (Zone B). He received a sentence...
A Truly Sad Story And A Non-Guidelines Sentence
Posted on June 22, 2009United States v. Torres, No. 08 Cr. 1062-01 (RWS), 2009 WL 1619640 (S.D.N.Y. June 4, 2009) Torres pled guilty to one count of conspiracy to distribute and possession with intent to distribute crack. Based on her advisory Guidelines offense level...
Contrition / Family Circumstances And A Non-Guidelines Sentence
Posted on June 22, 2009United States v. Guzman, No. 08-CR-332 (JBW), 2009 WL 1617942 (E.D.N.Y. June 2, 2009) Guzman pled guilty to count two of a twelve-count indictment charging a scheme to defraud a bank. For his offense, Clark faced an advisory Guidelines range...
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