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By Shari Allison

A district court can rely on particular attributes of the local community to justify a variance in the sentence, the 2d Circuit held. It affirmed a district court's decision to enhance a defendant convicted of illegally trafficking in firearms based on the need for greater deterrence in NYC. US v. Cavera, No. 05-4591-cr (2d Cir. 12/4/08), on rehearing 505 F.3d 216.A public official can be convicted of "honest services" fraud under federal law even though the misconduct does not violate state law, the 9th Cir. held. This holding conflicts with the 5th Circuit's interpretation of 18 USC 1346, which had held that the public official had violated a duty created by state law. US v. Weyhrauch, No. 07-30339 (9th Cir. 11/26/08)Persons who claim to be victims of a crime under the Crime Victims' Rights Act cannot appeal an alleged denial of their rights except through a petition for mandamus, the Tenth Cir...continue to full post

Full post as published by Tenth Circuit Blog on December 24, 2008 (boomark / email).