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Second Circuit Sentencing Blog 
Summaries and analysis of ALL sentencing decisions in the Second Circuit and the disrict courts of the Second Circuit.
Post Frequency: 0.6/day Last Entry: November 23, 2010 at 15:17:29 Recent Entries: 219
Go to Second Circuit Sentencing Blog, find other Federal Judiciary blogs, or browse all law blogs.
A View Of Leader/Organizer
Posted on March 23, 2009United States v. Adams, No. 06-1714-cr (L), et al., (2d Cir. March 23, 2009) (found here) No surprise that the Second Circuit affirmed a 4 level leader/organizer enhancement here. Nevertheless, it's always instructive to learn what constitutes a leader/organizer...
The Power Of "Global" Points
Posted on March 16, 2009United 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...
96 Years Old And Still A Threat?
Posted on March 16, 2009United States v. Miloro, No. 02-1276-cr (2d Cir. March 12, 2009) (found here) Miloro was found to have violated his supervised release, and was sentenced to 18 months imprisonment to run consecutive to the state sentence imposed for the crimes...
Consecutive Ineffective Assistance Of Counsel Claims
Posted on March 16, 2009United States v. Pitcher, Docket No. 05-3182-cr (2d Cir. March 11, 2009) (found here) Pitcher was convicted at trial for conspiracy to import and distribute heroin, and was sentenced to 121 months imprisonment. On appeal, he contended that he'd received...
The Madoff Information
Posted on March 11, 2009Here's a link to my piece on Slate today entitled "Madoff's 'Information': Why Didn't the Ponzi Schemer Get Indicted Instead?" It details the distinctions between informations and indictments, and also describes Pimentel letters and the sentencing discretion afforded by Booker...
Second Circuit: Abuse Of Trust Enhancement Can Be Based On Relevant Conduct
Posted on March 03, 2009Finally, Someone Relies On Ministro-Tapia
Posted on February 20, 2009United States v. Lambert, No. 07-4846-cr (2d Cir. Feb. 20, 2009) (found here)In preparing sentencing memoranda, I often cite to United States v. Ministro-Tapia, 470 F.3d 137 (2d Cir. 2006), which dealt with the parsimony clause of 18 U.S.C. §...
Possession Of Marijuana Counts For Criminal History Calculations
Posted on February 20, 2009United States v. Muse, No. 08-0831-cr, 08-0967-cr (2d Cir. Feb. 20, 2009) (found here)Muse challenged (among other things) the district court's calculation of his criminal history on the ground that the court erroneously added a criminal history point for his...
Double Counting And "Significant Physical Injury"
Posted on February 19, 2009United States v. Reyes, Docket No. 06-3699-cr (2d Cir. Feb. 19, 2009) (found here)Reyes pled guilty to one count of assault resulting in serious bodily injury in aid of a racketeering activity, in violation of 18 U.S.C. § 1959(a)(3). At...
Criticizing An Unsympathetic District Court
Posted on February 17, 2009United States v. Marino, No. 08-0615-cr (2d Cir. Feb. 17, 2009) (found here)Dan Marino worked for hedge fund swindler Samuel Israel. He pled guilty for his involvement in that massive fraud, and entered into a cooperation agreement with the Government...
Another Reason To Be Afraid Of Getting Locked Up
Posted on February 06, 2009United States v. Cracolici, No. 08-CR-76, 2009 WL 249369 (E.D.N.Y. Jan. 16, 2009)Cracolici pled guilty to participation in an extortion conspiracy. His advisory Guidelines offense level was 10 and criminal history category was I, yielding an advisory Guidelines range of...
The High Cost Of Violating A Cooperation Agreement
Posted on February 05, 2009United States v. Herrera, No. 04-CR-1093 (JBW), 2009 WL 230654 (E.D.N.Y. Jan. 30, 2009)Herrera pled guilty to a single-count indictment, charging a conspiracy to distribute and possess with intent to distribte heroin. He also entered into a cooperation agreement with...
Once A Weapon, Always A Weapon
Posted on February 03, 2009United States v. Pope, Docket No. 08-1007-cr (2d Cir. Feb. 3, 2009) (found here)What does it mean to possess a dangerous weapon mean for purposes of an enhancement under Section 2B2.1(b)(4) of the Guidelines? That is the question that the...
Attempted Burglary In The Third Degree (A Class E Felony) Is A Crime Of Violence Under The Guidelines?
Posted on February 02, 2009United States v. Hurell, Docket Nos. 06-5653-cr, 06-5718-cr, 07-0116-cr (2d Cir. Jan. 28, 2009) (found here)The Government appealed three judgments, each of which held that a prior conviction for burglary in the third degree under New York law and/or a...
We Mean It: The Guidelines Are Advisory
Posted on January 27, 2009Nelson v. United States, No. 08-5657, 2009 WL 160585 (Jan. 26, 2009)The Supreme Court is done pussyfooting around. As Doug Berman's Sentencing Law & Policy blog notes, the Court meant it when they said the Guidelines are advisory. Here's the...
Corporate Deferred Prosecution Agreements Under The Obama Administration
Posted on January 26, 2009There's an interesting article on Slate today by Jeff Horwitz, entitled "Almost Criminal: Will the Obama Administration Shy Away from Indicting Lawbreaking Companies?" Horwitz posits that:Now that the Bush Justice Department's top brass has decamped for the private sector, it...
Conditions Pre-Trial Detention As A Basis For A Non-Guidelines Sentence
Posted on January 26, 2009United 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...
Signed, Sealed, Delivered, But Not Yours
Posted on January 23, 2009Here's a link to my op-ed in today's edition of the Chicago Tribune entitled "Signed, Sealed, Delivered, But Not Yours." It argues that, in order to protect the constitutional legitimacy of any pardon issued by any president (including himself), President...
Reference Manual on Criminal Mental Health and Disability Law, Evidence and Testimony
Posted on January 22, 2009I received a notice from the ABA concerning a new publication entitled "Criminal Mental Health and Disability Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyer, Judges and Criminal Justice Practitioners." Here's the link to information about the publication...
Role Determination Based On Cooperating Witness' Say-So
Posted on January 19, 2009United States v. Scippio, No. 07-0480-cr (2d Cir. Jan. 15, 2009) Scippio argued on appeal that: (1) he was entitled to a minor role adjustment; and (2) the district court had failed to account for disparities between his sentence and...
No Consideration Of Post-Sentencing Conduct On Crosby Remand
Posted on January 19, 2009United States v. Sutherland, No. 07-0296-cr., 2009 WL 76514 (2d Cir. Jan. 13, 2009)Sutherland was the lucky recipient of a Crosby remand. But the district judge refused to consider his post-sentencing rehabilitation in resentencing him, finding that "there can be...
Wow! What A Variance!
Posted on January 19, 2009United States v. Dauria, No. 08-CR-76 (JBW), 2008 WL 5459197 (E.D.N.Y. Nov. 24, 2008)Maybe Judge Weinstein has a soft-spot for a woman arrested in connection with a February sweep of alleged Gambino organized crime family members. Or maybe he genuinely...
Infant Child = Low End Of Guidelines Range
Posted on January 19, 2009United States v. Outerie, Nos. 06-CR-815, 08-CR-76, 2008 WL 5459158 (E.D.N.Y. Dec. 24, 2008)Outerie's advisory Guidelines range was 33 to 41 months. Judge Weinstein imposed a sentence at the low end of the range (33 months) because the "defendant has...
Prison Not Appropriate For Rehabilitation?
Posted on January 19, 2009United States v. Perone, No. 08-0052-CR., 2009 WL 52070 (2d Cir. Jan. 9, 2009)Perone appealed his 60 month sentence, imposed notwithstanding an advisory Guidelines range of 18-24 months, as substantively unreasonable. Objectively, it seems like an awfully large percentage upward...
Exactly What Causes An Upward Departure In Criminal History Category?
Posted on January 19, 2009United States v. White, Docket No. 08-1180-cr., 2009 WL 50497 (2d Cir. Jan. 9, 2009)Q: Exactly what causes an upward departure in criminal history category?A. A whole lot of criminal history. For White, it involved convictions for twenty-one offenses, six...
Why Should Criminal History Impact Sentence Reduction For Cooperation?
Posted on January 19, 2009United States v. Tchiapchis, No. 07-5161-cr (2d Cir. Jan. 9, 2009)Tchiapchis pled guilty one count of conspiracy to distribute MDMA, and entered into a cooperation agreement with the Government. Although we don't know what sentence was imposed, we do know...
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