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More opinions on the Lynne Stewart sentencing as Second Circuit denies en banc review

By Douglas A. Berman

Today the Second Circuit has denied en banc review of its panel decision to reverse the below-guideline sentence given to (in)famous laywer Lynne Stewart.  Here is how text of the order denying en banc review: Following disposition of this appeal on November 17, 2009, and prior to the amended disposition on December 23, 2009, active judges of the Court requested a poll on whether to rehear the case in banc regarding only the sentence imposed on defendant Lynne Stewart.  A poll having been conducted and there being no majority favoring in banc review, rehearing in banc is hereby DENIED. Chief Judge Jacobs concurs in an opinion joined by Judges Wesley and Hall; Judge Pooler concurs in a separate opinion; and Judge Cabranes dissents in an opinion joined by Judge Raggi...continue to full post

Full post as published by Sentencing Law and Policy on February 23, 2010 (boomark / email).