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Federal Judiciary

: Second Circuit Sentencing Blog

The Power Of "Global" Points

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United States v. Yauri, Docket No. 08-1105-cr (2d Cir. March 16, 2009) (found here)

Basically, the Government and the defendant agreed that the defendant's counsel dropped the ball in obtaining a two level "global resolution" reduction.  As described by the Second Circuit, that failure constituted ineffective assistance of counsel.

Ah . . . the power of a plea deal and global points.  Read for yourself:

Yauri and the government agree that the failure of Yauri's counsel to call the sentencing court's attention to the applicable two-level reduction for "global disposition" constitutes an unconstitutionally ineffective assistance of 18 counsel. They therefore agree that this cause should be remanded to the district court for resentencing of the defendant. We, too, agree and we therefore remand.


Full post as published by Second Circuit Sentencing Blog on March 16, 2009 (boomark / email).

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