ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Public Defense Blogs -> Second Circuit Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Public Defense

: Second Circuit Blog

Summary Summary

ADVERTISEMENTS
Here?s the latest crop:

In United States v. Ramirez, No. 08-2771 (2d Cir. April 1, 2009), the district court committed a procedural sentencing error in the defendant?s favor by refusing to calculate the applicable Guideline range based on the actual drug quantity and instead deferring to the jury?s finding that less than 500 grams of cocaine was attributable to the defendant. But the circuit found that the error was harmless since there was no doubt that the district court would have imposed the same sentence absent the error.

In United States v. Soto, No. 08-0654-cr (2c Cir. March 25, 2009), two defendants challenged their lengthy sentences on various procedural grounds. The circuit affirmed, but ?pause[d] ... to note the striking size of the discrepancies between the sentences estimated at the time of the ... pleas and those that were imposed.? The court agreed that it was ?understandable if they came as a considerable shock to the defendants when they were imposed? and had ?some concern that they may therefore have an adverse impact on the willingness of criminal defendants to engage in similar plea negotiations in the future.?

In United States v. Carter, No. 07-5756-cr (2d Cir. March 25, 2009), the circuit vacated a 5-year consecutive 924(c) sentence under United States v. Williams, 2009 WL 563644 (2d Cir. March 5, 2009), even though the issue was not raised in the district court.

Full post as published by Second Circuit Blog on April 01, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0157 secs (new cache)