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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.
National Sentencing Statistics Not Relevant At Sentencing?
Posted on December 08, 2007United States v. Ganim, No. 03-1448-cr (2d Cir. Dec. 4, 2007) (found here) Ganim argued on appeal that, on remand, the district court erred in not reducing his 108 month Guidelines sentence "in light of the statistics he presented on...
Denial Of Acceptance Responsibility Affirmed
Posted on December 08, 2007United States v. Phillips, No. 06-0960-cr (2d Cir. Dec. 4, 2007) (found here) Phillips appealed (among other things) the district court's refusal to include a three-level reduction for his acceptance of responsibility. The Second Circuit found that the district court...
Audita Querela In The Second Circuit
Posted on December 08, 2007United States v. Richter, Docket No. 06-1930-cr (2d Cir. Dec. 4, 2007) (found here) In this post, I detailed Tobias v. United States, No. 3:06 CV 123 (DJS), 2006 WL 287197 (D. Conn. Feb. 7, 2006), in which the Court...
A New Twist On Consecutive Sentences
Posted on December 05, 2007The New York Times has this article today on the sentencing of a husband and wife (Jennifer Wang and Ruben Chen) team who pled guilty to insider trading. Judge McMahon of the Southern District of New York sentenced each to...
Major Relevant Conduct Decision By The Second Circuit
Posted on November 28, 2007United States v. Juwa, Docket No. 06-2716-cr (2d Cir. Nov. 28, 2007) (found here) Notwithstanding an advisory Guidelines range of 24-30 months for a guilty plea to one count of possession of child pornography, Juwa was sentenced to 90 months...
Family Circumstances And 18 U.S.C. § 3553(a)
Posted on November 26, 2007United States v. Zambrano, No. 07-CR-301 (JBW), 2007 WL 4115993 (E.D.N.Y. Nov. 20, 2007) Zambrano pled guilty to a single-count indictment charging that he was illegally present in the United States in violation of 8 U.S.C. §§ 1326(a) and 1326(b)(2)....
Imposing A Guidelines Sentence Does Not Relieve A Judge Of The Obligation To Provide A Rationale For The Sentence Imposed
Posted on November 25, 2007United States v. Baker, No. 05-4693-cr., 2007 WL 40006103 (2d Cir. Nov. 16, 2007) (found here) Baker is a rare remand of a Guidelines sentence because the district court made clear that it would only consider imposition of a Guidelines...
A District Court's Imposition Of A "Not Unreasonable" Sentence Does Not Mean It Failed To Fulfill Its Statutory Obligations Even Though Reasonableness Is An Appellate Standard
Posted on November 25, 2007United States v. Mendez, No. 06-2299-CR., 2007 WL 3407436 (2d Cir. Nov. 15, 2007) Reasonable or unreasonable. That is clearly the question after Booker. But it is not a question for the district court. It is solely a question for...
Send Me Back To Federal Prison!
Posted on November 25, 2007Unger v. United States, No. 02 CV 4240, 2007 WL 3353515 (E.D.N.Y. Nov. 9, 2007) Petitioner Ari Unger brings an unusual claim. He contends that he was incorrectly credited for time served toward his federal sentence and, as a result,...
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Libel is the form of defamation expressed in fixed-- usually written form. Sland...
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