Home -> Law Blog Directory -> Public Defense Blogs -> Second Circuit Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Public Defense
: Second Circuit BlogThe Youth Won?t Set You Free
The Second Circuit has long held that a New York State youthful offender adjudication (a ?y.o.?), counts as an adult conviction in the Sentencing Guidelines. In this long opinion, which covers absolutely no new ground, the court says so again.
In New York, first offenders between sixteen and nineteen years old are eligible for treatment as a youthful offender. If granted, the conviction is set aside and replaced with a y.o. adjudication, which carries more lenient penalties, is not treated as a conviction and does not trigger certain civil disabilities. However, unlike a juvenile offender, if sentenced to imprisonment, a youthful offender serves the sentence in an adult facility.
Conca received a long federal sentence for failing to register as a sex offender. Both in the district court and in the court of appeals he complained about three criminal history points assessed for a 1996 y.o., for which he was sentenced to 106 days? time served, five years? probation and, ultimately, one to three years? imprisonment on a probation violation.
The circuit had little trouble concluding that this belonged in Conca?s criminal history score. Indeed, the outcome was dictated both by the Guidelines and by circuit precedent, under which Conca was ?convicted as an adult,? even though he was under eighteen, and ?received? a sentence of more than one year and one month.
For length of the y.o. sentence, the district court correctly followed the instructions in U.S.S.G. § 4A1.2(k), under which the original sentence and the violation sentence are aggregated to calculate the length of the sentence ?received.? Here, that was clearly in excess of thirteen months. The district court also correctly concluded that Conca was ?convicted as an adult.? The original y.o. sentence to probation was revoked and Conca served the violation sentence in an adult facility. Accordingly, given the nature of the proceeding, the type of sentence and the place of incarceration, Conca was indeed convicted as an adult.
Full post as published by Second Circuit Blog on February 20, 2011 (boomark / email).
Parody is a Protected Form of Speech
Targets of criticism seek to shut down Internet sites that poke fun
ValueClick
allegedly violated consumer protection laws by promising ‘free’ goods that where not actually free.
Mongoose Youth ATVs
Recalled By KYMCO Due to Loss of Speed Control
Children and Youth Services
$125,000 settlement reached in infant neglect lawsuit.
Youth Bed Toy Chests
Chests Recalled, One Infant Dead
Oppenheimer ATM-Free New York Municipals
401(k) / ERISA Stock Fraud
Free Speech
Canterbury agrees to pay $60,000 settlement in civil rights lawsuit.

Youth Justice: The Scaled Approach launched - Youth Justice Board
Baltimore youth say no to $104 million youth prison
No scientific evidence of gay youth suicide epidemic
Texas Youth Commission still staggering toward reform
Canadian Youth Court and Adult Criminal Court Statistics, 2006/2007








