Home -> Law Blog Directory -> Litigation Blogs -> How Appealing

Litigation

: How Appealing

"NYC court: Big city guns can equal stiff sentence."

"NYC court: Big city guns can equal stiff sentence." The Associated Press provides a report that begins, "Federal judges can give harsher penalties to people who help bring illegal guns to big cities, a federal appeals court decided Thursday. The 2nd U.S. Circuit Court of Appeals approved the practice in its ruling for the case of an illegal gun dealer who got two years in prison, which was six months more than federal sentencing guidelines recommended."

You can access today's en banc ruling of the U.S. Court of Appeals for the Second Circuit at this link.

In news of significance to appellate geeks everywhere, it appears that the Second Circuit has finally abandoned "in banc" in favor of "en banc," as I recently advocated here.

In June 2007, a three-judge Second Circuit panel overturned the sentence as improper. You can access that ruling at this link, while my initial coverage of that ruling appears at this link. In October 2007, the same three-judge panel issued a revised decision reaching essentially the same result. You can access the revised ruling at this link, while my initial coverage of the revised ruling appears at this link. And the trial court's opinion explaining the basis for the increased sentence can be accessed here.

Full post as published by How Appealing on December 04, 2008 (boomark / email).