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Notable ruling on procedural reasonableness from Second Circuit

By Douglas A. Berman

The Second Circuit today has a notable ruling in US v. Timewell, No. 07-4587 (2d Cir. June 1, 2009) (available here), that discusses post-Booker review for procedural unreasonableness at some length. Here is hope the opinion starts: Defendant-appellant Gregory Timewell appeals from a Memorandum and Order entered on October 4, 2007, in the United States District Court for the Eastern District of New York (Platt, J.) denying his application to be resentenced following a remand for further proceedings in conformity with United States v. Crosby, 397 F.3d 103 (2d Cir. 2005). United States v. Timewell, 124 F. App?x 55 (2d Cir. 2005).  Timewell was convicted, upon a guilty plea, of conspiracy to import 1,000 kilograms or more of hashish and marijuana, in violation of 21 U...continue to full post

Full post as published by Sentencing Law and Policy on June 01, 2009 (boomark / email).