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: Second Circuit Sentencing BlogConditions Pre-Trial Detention As A Basis For A Non-Guidelines Sentence
United States v. Guglielmo, No. 07-2368-cr (2d Cir. Jan. 26, 2009) (found here)
Guglielmo argued that the district court erred in not considering the conditions of his pre-trial detention in sentencing him. The Second Circuit rejected the appeal, noting that "nothing in our case law requires a district court to grant such a departure."
True enough. But there is a significant body of caselaw in which courts have, in fact, departed or imposed non-Guidelines sentences based on the conditions of pre-trial detention. And they're worth mentioning here. If you have such a situation, you might want to check out the following cases:
United States v. Ekwunoh, 888 F. Supp. 369, 373-74 (E.D.N.Y. 1994) (finding that the negative effects of pre-trial incarceration warrant a downward departure)
Full post as published by Second Circuit Sentencing Blog on January 26, 2009 (boomark / email).
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