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Criminal Law

: Sentencing Law and Policy

Another extraordinary sentencing opinion from Judge Jack Weinstein in multi-defendant crack case

By Douglas A. Berman

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A number of helpful readers have made sure that I did not miss yet another extraordinary sentencing opinion from the desk of US District Judge Jack Weinstein. The opinion in United States v. Bannister, No. 10-CR-0053 (E.D.N.Y. Mar. 24, 2011) (available for download below), runs over 125 pages and here are excerpts from the conclusion (with cites omitted): Several of the sentences in this case, imposed only because of statutory minima, are disproportionate to the crimes committed and the backgrounds of the defendants.  Their excess causes particular concern when applied to youthful defendants.  That concern is multiplied by their imposition upon young defendants subject to abuse, poverty, drug and alcohol addiction, unemployment, illiteracy, and learning disability, largely attributable to their backgrounds...continue to full post

Full post as published by Sentencing Law and Policy on April 01, 2011 (boomark / email).

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