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Criminal Law

: Sentencing Law and Policy

Noting early unpublished sentencing opinions from Judge Sotomayor

By Douglas A. Berman

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Alabama law prof David Patton, who was a federal defender in SDNY before heading south, sent me this report on a few unpublished sentencing opinions by Judge Sotomayor from the days before Booker: I thought I'd point out two unreported sentencing opinions from Judge Sotomayor. The first, US v. Moreno, 2000 WL 1843232, I find interesting for two reasons 1) it's a good look at her pre-Blakely/Booker take on Apprendi; and 2) it demonstrates a willingness to impose a very severe sentence in a drug case -- using consecutive sentences on multiple counts to do what she could not do directly after Apprendi (imposing a 45 year sentence based mostly on the quantity of crack at issue). The other, US v. Sheldon, 1997 WL 793050, is a little less flashy, but offers a good look at the thoroughness of her work...continue to full post

Full post as published by Sentencing Law and Policy on May 27, 2009 (boomark / email).

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