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Big efforts to reverse Second Circuit white-collar sentence reversal

By Douglas A. Berman

Last month, as detailed in this post, the Second Circuit issued a long opinion in US v. Cutler, No. 05-2516 (2d Cir. Mar. 17, 2008) (available here), which reversed a pair of below-guideline sentences for white-collar offenders as procedurally and substantively unreasonable.  As documents in the series of filings set forth below, both defendants who had their below-guideline sentences reverse andthe New York Council of Defense Lawyers are urging the Second Circuit to rehear this case en banc. Download cutler_rehearing_brief.pdf Download freedman_rehearing_pet.pdf Download cutler_amicus_brief.pdf

Full post as published by Sentencing Law and Policy on April 22, 2008 (boomark / email).