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Criminal Law

Second Circuit Sentencing Blog

Summaries and commentary on substantive sentencing decisions in the 2nd U.S. Circuit Court of Appeals based in New York.
By Harlan J. Protass, Esq.

Post Frequency: 0.3/day

Last Entry: March 15, 2010 at 17:25:46

"Strong deference to a district court's decision is not an invitation to rush to characterize an appeal from it as frivolous"

Posted on March 15, 2010
United States v. Davis, Docket No. 08-3240-cr (2d Cir. March 15, 2010) (found here) Davis appealed his 97 month sentence, arguing that it was both procedurally and substantively unreasonable. Rather than file a substantive response, the Government filed a motion...

Cooperation and Strong Family Relationships

Posted on March 07, 2010
United States v. Stein, No. 09-CR-377 (JBW), 2010 WL 678122 (E.D.N.Y. Feb. 25, 2010) Stein pled guilty to several securities fraud offenses, for which he faced an advisory Guidelines range of imprisonment of between 188 and 235 months -- pretty...

Remand for Resentencing Means Remand for Resentencing

Posted on March 07, 2010
United States v. Peguero, No. 09-4405-cr, 2010 WL 605709 (2d Cir. Feb. 22, 2010) Peguero's case was reversed and remanded by the Second Circuit for resentencing. Upon such remand, the district court merely entered a "Resentencing Order" without a hearing,...

A Pretty Good Deal for a Drug Peddler

Posted on March 07, 2010
United States v. Khan, No. 07-CR-623 (JBW), 2010 WL 610534 (E.D.N.Y. Feb. 19, 2010) Khan pled guilty to conspiracy to distribute and possess heroin, for which he faced an advisory Guidelines range of imprisonment of between 87 and 108 months....

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The Case of the Law Abiding Illegal Re-Entrant

Posted on March 07, 2010
United States v. Cowan, No. 09-CR-261 (JBW), 2010 WL 694098 (E.D.N.Y. Feb. 18, 2010) Cowan pled guilty to an illegal re-entry charge, for which he faced an advisory Guidelines range of imprisonment of between 41 and 51 months. Cowan was...

Youth And Family Support

Posted on July 15, 2009
United States v. Santano, No. 07-CR-874 (JBW), 2009 WL 1956227 (E.D.N.Y. July 6, 2009) Short Note: Santano pled guilty to a narcotics offense. Although he did not initially qualify for safety valve relief, he ultimately did. And the Court determined....

Second Circuit: Mandatory Minimum Drug Sentences Not Inconsistent With Parsimony Clause

Posted on March 24, 2009
United States v. Samas, No. 05-5213-cr (2d Cir. March 24, 2009) (found here) Samas contended on appeal (among other things) that the mandatory minimum sentence provisions of 18 U.S.C. � 841(b) conflict with the parsimony clause contained in 18 U.S.C....

Law Of The Case Doctrine And Crosby Remands

Posted on February 20, 2009
United States v. Carr, Docket No. 06-5490-cr (2d Cir. Feb. 19, 2009) (found here)Carr was originally sentenced to life imprisonment. On appeal, the Second Circuit upheld Carr's convictions and the district court's various Guidelines calculations. In light of Booker and...

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