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Second Circuit Sentencing Blog 
Summaries and analysis of ALL sentencing decisions in the Second Circuit and the disrict courts of the Second Circuit.
Post Frequency: 0.6/day Last Entry: November 23, 2010 at 15:17:29 Recent Entries: 219
Go to Second Circuit Sentencing Blog, find other Federal Judiciary blogs, or browse all law blogs.
Failure To Make Adequate Findings Concerning Role Adjustment Results In Reversal
Posted on November 23, 2010United States v. Gomez, No. 09-4412-cr (2d Cir. Nov. 23, 2010) (found here) Gomez appealed his 150 months sentence that followed his plea of guilty to an eight-count indictment charging a conspiracy to import and distribute heroin. Among other things,...
Second Circuit: Guidelines Sentence CAN Create Unwarranted Sentencing Disparity
Posted on November 22, 2010United States v. De La Cruz, No. 09-4641-cr, 2010 WL 4136669 (2d Cir. Oct. 21, 2010) De La Cruz's argued that his sentence was procedurally and substantively unreasonable. In particular, he argued (among other things) that the district court committed...
4 Month Sentence for Federal Class B Misdemeanor
Posted on November 22, 2010United States v. Dugan, No. 10 Cr. 06-1 (RWS), 2010 WL 4118374 (S.D.N.Y. Oct. 12, 2010) Dugan was convicted of having obstructed the entryway to a medical clinic in Manhattan. Because the offense was a class B misdemeanor, the Guidelines...
Severe Personal Background (That Is, History And Characteristics) Results In Non-Guidelines Sentence
Posted on October 19, 2010United States v. Goltson, No. 09-CR-461 (JBW), 2010 WL 4032399 (E.D.N.Y. Oct. 13, 2010) Goltson pled guilty to a lesser-included offense within a single-count indictment charging him with conspiring to distribute and possess with intent to distribute cocaine base, for...
"Must Read" Opinion From Judge Gleeson (Having To Do With The Fraud Guidelines)
Posted on October 14, 2010United States v. Ovid, No. 09-CR-216 (JG), 2010 WL 3940724 (E.D.N.Y. Oct. 1, 2010) Judge Gleeson takes pen to paper again, but selects the fraud guidelines and the DOJ's June 28, 2010 letter to the Sentencing Commission as the target....
A Lesson In Why Post-Offense Rehabilitation Can Be So Important: Courts Don't Like To Disrupt Lives That Are On The Way To Full Rehabilitation
Posted on October 11, 2010United States v. Nalley, No. 10-CR-224 (JBW), 2010 WL 3909468 (E.D.N.Y. Sept. 29, 2010) Nalley pled guilty to conspiracy to distribute crack cocaine, for which he faced an advisory Guidelines range of imprisonment of between 70 and 87 months. He...
Justice Truly Is Blind
Posted on October 05, 2010United States v. Thomas, No. 09-2970-CR (2d Cir. Sept. 22, 2010) (found here) Thomas contended on appeal that his "sightless condition" rendered his 140 month sentence (down from 180 months after a remand for resentencing following Booker) substantively unreasonable...
Never Underestimate The Power Of Contrition
Posted on October 05, 2010United States v. Morales, No. 09-CR-617-03 (JBW), 2010 WL 3781017 (E.D.N.Y. Sept. 21, 2010) Morales pled guilty to conspiring to import cocaine into the United States, for which he faced an advisory Guidelines range of imprisonment of between 37 and....
Excellent Work History And Supportive Family Form Basis Of Non-Guidelines Sentence For Narcotics Offender
Posted on October 05, 2010United States v. Wynaar, No. 09-CR-656 (JBW), 2010 WL 3718912 (E.D.N.Y. Sept. 13, 2010) Wynaar was convicted at trial of conspiring to import cocaine, conspiring to attempt to import cocaine, and conspiracy to attempt to possess cocaine, for which he...
Second Circuit Finally Rules On The Ex Post Facto Clause And The Guidelines
Posted on September 11, 2010United States v. Ortiz, Docket No. 08-2648-cr (2d Cir. Sept. 1, 2010) (found here) (hat tip to Zachary Margulis-Ohnuma, who handled the appeal on behalf of Ortiz) Ortiz was sentenced to 120 months imprisonment for firearms and narcotics offenses in...
Second Circuit: Apprendi Precludes Increased Fine Based On Judicial Fact-Finding
Posted on August 28, 2010United States v. Pfaff, Docket Nos. 09-1702-cr(L), 09-1707-cr(CON), 09-1790-cr (CON) (2d Cir. Aug. 27, 2010) (found here) The latest from the Second Circuit in the KPMG tax case, described as "the largest criminal tax case in American history." 18 U.S...
Aberrant Conduct Results In Significant Non-Guidelines Sentence
Posted on August 24, 2010United States v. Mack, No. 08-CR-806 (JBW), 2010 WL 3282648 (E.D.N.Y. Aug. 18, 2010) Mack, a corrections officer, was convicted by a jury of attempting to use intimidation and corruptly persuade another corrections officer, with intent to hinder, delay and...
Another Cooperator Gets No-Jail Sentence
Posted on August 24, 2010United States v. Zhu, No. 09-CR-465-01 (JBW), 2010 WL 3282636 (E.D.N.Y. Aug. 18, 2010) Zhu pled guilty to smuggling and attempting to clandestinely import counterfeit goods into the United States, for which he faced an advisory Guidelines range of imprisonment...
Second Circuit: Special Condition Of Supervised Release Prohibiting Wearing Of "Gang Colors" Too Broad
Posted on August 16, 2010United States v. Green, Docket No. 08-5548-cr (2d Cir. Aug. 13, 2010) (found here) Among other things, Green was sentenced (for his crack cocaine offense) to a term of supervised release that included the following condition: "And of course, as...
Good Summary Of Law Concerning Appellate Sentencing Review In The Second Circuit
Posted on August 15, 2010United States v. Bonilla, Docket No. 09-1799-cr (2d Cir. Aug. 13, 2010) (found here) -- If you're looking for a good summary of the law and rules governing appellate sentencing review in the Second Circuit, look no further than Bonilla:...
Counsel's Failure To Object To Enhancements Under Career Offender Guidelines And ACCA Found To Constitute Ineffective Assistance Of Counsel
Posted on August 15, 2010Carter v. United States, No. 3:07-CV-1477 (EBB), 2010 WL 3123371 (D. Ct. Aug. 6, 2010) On a motion for consideration on Carter's habeas corpus petition, a district court in Connecticut found that sentence enhancements unde rboth the career offender guidelines...
Arizona-Type Issues Hitting Brooklyn
Posted on August 12, 2010United States v. Genis-Maldonado, No. 10-CR-142, 2010 WL 3125663 (E.D.N.Y. Aug. 4, 2010) Genis-Maldonado pled guilty to one count of illegal reentry into the United States, for which he faced an advisory Guidelines range of imprisonment of between 57 and...
Second Circuit Rules In High-Profile Financial Fraud Case On Issues Relating To Ex Post Facto Clause, Loss Calculations, And Acceptance Of Responsibility Points
Posted on August 12, 2010United States v. Kumar, Docket Nos. 06-5482-cr(L), 06-5654-cr (CON) (2d Cir. Aug. 12, 2010) (found here) This decision is the appeal of the convictions sustained by Sanjay Kumar and Stephen Richards in the Computer Associates. Here's the Second Circuit's opening...
Snagged At The Airport When Returning To United States To Attend Mother's Funeral
Posted on August 09, 2010United States v. Blake, No. 10-CR-206, 2010 WL 3037511 (E.D.N.Y. July 21, 2010) Blake pled guilty to attempted illegal reentry into the United States, for which he faced an advisory Guidelines range of imprisonment of between 41 and 51 months....
Sympathy From The Second Circuit
Posted on August 04, 2010United States v. Ballard, No. 09-0978-cr (2d Cir. Aug. 4, 2010) (found here) Remember Zachary Ballard? Judge Rakoff imposed a 601 month sentence. But he had some sharp words for the mandatory minimum sentencing schemes that caused him to be...
Remanding To Different District Court Judge For Failure To Conduct Resentencing Hearing
Posted on July 29, 2010United States v. Johnson, No. 06-2026-cr (2d Cir. July 28, 2010) (found here) Johnson's prior life sentence was vacated, and his case remanded for resentencing. On remand, the district court declined to conduct a new sentencing hearing and instead issued...
Second Circuit Reverses Child Pornography Sentence As Procedurally Unreasonable
Posted on July 29, 2010United States v. DeSilva, Docket No. 09-2988-cr (2d Cir. July 28, 2010) (found here) Different that the reversals in the context of child exploitation crimes like that in Dorvee, the Second Circuit reversed DeSilva's sentence as procedurally unreasonable...
Attempted Cooperation Can Have An Effect Even If Not Successful
Posted on July 23, 2010United States v. De La Rosa, No. 09-CR-497 (JBW), 2010 WL 2816475 (E.D.N.Y. July 12, 2010) De La Rosa pled guilty to importing cocaine into the United States, for which he faced an advisory Guidelines range of imprisonment of between...
Reunited (And It Feels So Good)
Posted on July 23, 2010United States v. Gil-Arenas, No. 09-CR-864-01 (JBW), 2010 WL 2816582 (E.D.N.Y. July 12, 2010) Gil-Arenas pled guilty to illegal reentry into the United States, for which he faced an advisory Guidelines range of imprisonment of between 37 and 46 months...
To Dorvee Or Not To Dorvee
Posted on July 22, 2010United States v. Tutty, Docket No. 09-2705-cr., 2010 WL 2794601 (2d Cir. July 16, 2010) Following in the footsteps of Dorvee, the Second Circuit reversed another child pornography sentence in Tutty. It remanded for reconsideration of the policy concerns raised...
When Dorvee Does NOT Apply
Posted on July 22, 2010United States v. Levy, No. 09-2965-cr (2d Cir. July 14, 2010) (found here) Levy challenged (among other things) the substantive reasonableness of his 360 month sentence for producing and distributing child pornography. On appeal, the Second Circuit found that his...
Second Circuit Affirms Large Upward Variance For Violation Of Terms Of Supervised Releases
Posted on July 22, 2010United States v. Parrish, No. 09-2482-cr (2d Cir. June 24, 2010) (found here) Parrish violated the terms of his supervised release, for which he faced an advisory Guidelines range of punishment of between 5 and 11 months. The district court,...
Second Circuit Applies Supreme Court's Dolan Decision
Posted on July 22, 2010United States v. Pickett, Docket No. 09-0683-cr (2d Cir. July 20, 2010) (found here) In Dolan v. United States, --- S.Ct. ---, No. 09-367, 2010 WL 2346548 (June 14, 2010), the Supreme Court held that "a sentencing court that misses...
Importance of Digging Deep Into A Client's Past
Posted on July 21, 2010United States v. Lehner, No. 09-CR-72 (JBW), 2010 WL 2522423 (E.D.N.Y. May 24, 2010) Lehner pled guilty to a tax offense, for which he faced an advisory Guidelines range of imprisonment of between 24 and 30 months. He was sentenced...
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