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Federal Judiciary

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

Second Circuit Overturns State's Persistent Felony Offender Sentencing Law

Posted on March 31, 2010
The New York Law Journal reports today that: A state statute that permits stiffer sentences for "persistent" felony offenders violates the constitutional rights of defendants to a jury trial, the U.S. Court of Appeals for the Second Circuit ruled today...

Blame The Boss

Posted on March 31, 2010
United States v. Metellus, No. 08-CR-332 (JBW), 2010 WL 1174301 (E.D.N.Y. March 17, 2010) Metellus pled guilty to wire fraud, for which he faced an advisory Guidelines range of imprisonment of between 63 and 78 months. He was sentenced to...

Second Circuit Approves Special (And Strange) Conditions of Supervised Release

Posted on March 30, 2010
United States v. Ayers, No. 08-6286-cr (2d Cir. March 30, 2010) (found here) Ayers was convicted of, and sentenced to ten years for, receipt of child pornography. He appealed from an order modifying the conditions of his supervision to include...

Failure To Explain Reason For Sentence Imposed May Be Reversible Error

Posted on March 25, 2010
United States v. Mercado, No. 09-1283-cr (2d Cir. March 25, 2010) (found here) Among other things, Mercado argued that the district court erred in sentencing him for a supervised release violation because it failed to articulate its reasons for the...

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Is Substantive Reasonableness Review A Balancing Test?

Posted on March 24, 2010
United States v. Ull, No. 09-0713-cr (2d Cir. March 24, 2010) (found here) It's not always clear what substantive reasonableness review means, other than that the Second Circuit patrols the outer boundaries of sentences and largely defers to the judgment...

Treatment Of State Common Law Crimes

Posted on March 22, 2010
United States v. Walker, 595 F.3d 441 (2d Cir. 2010) An important decision -- and one of first impression in the Second Circuit -- concerning the treatment of prior convictions as they relate to the Guidelines. Here is how the...

Federal Rules of Evidence Do Not Apply Will Full Force In Supervised Release Revocation Hearings

Posted on March 22, 2010
United States v. Bari, Docket No. 09-1074-cr (2d Cir. March 22, 2010) (found here) The Second Circuit's succinct summary of the case and its decision says it all: Defendant Anthony Bari ("Bari") appeals from the District Court's March 11, 2009...

Two-Thirds Off For Cooperation

Posted on March 22, 2010
United States v. Mahabeer, No. 08-CR-420, 2010 WL 981783 (E.D.N.Y. March 5, 2010) Mahabeer pled guilty to conspiracy to import cocaine into the United States, for which he faced an advisory Guidelines range of imprisonment of between 24 and 30...

The Ex Post Facto Clause and the Sentencing Guidelines

Posted on March 17, 2010
United States v. Gilmore, Docket No. 07-0349-cr (2d Cir. March 17, 2010) (found here) Well, Gilmore did NOT answer the question that "remains open" in the Second Circuit with regard to the ex post facto clause -- to wit, whether...

Stacking and Reasonableness

Posted on March 15, 2010
United States v. Tyson, No. 08-5477-cr (2d Cir. March 15, 2010) (found here) Just a quick note. Tyson challenged his 65 year sentence, which resulted from the stacking of sentences for various offenses of conviction. On appeal, the Second Circuit...

Having No Money to Forfeit Doesn't Matter in Drug Cases

Posted on March 11, 2010
United States v. Awad, et al., Docket Nos. 07-4483-cr (L), 07-4539-cr (Con), 07-5067-cr (Con), 07-5068-cr (XAP) (2d Cir. March 11, 2010) (found here) Awad and his co-defendants were convicted of participating in a conspiracy to distribute a Schedule I controlled...

Are Your Or Have You Ever Been A Lawyer?

Posted on March 08, 2010
That's the name of an interesting editorial in the New York Times today, criticizing those who have criticized administration lawyers who previously represented Guantanamo detainees. It's final paragraph applies not only to the representation of detainees, but also more broadly...

Strong Work Ethic/Committment to Family as Basis for Wide Variance

Posted on March 07, 2010
United States v. Ye, No. 09-CR-184 (JBW), 2010 WL 447374 (E.D.N.Y. Jan. 22, 2010) Ye pled guilty to a merchandise smuggling charge. He faced an advisory Guidelines range of imprisonment of between 135 and 168 months imprisonment, but was sentenced...

Potential Increased Value of Securities Over Time -- An Important Loss Analysis Case

Posted on March 07, 2010
United States v. Butler, No. 08-CR-370 (JBW), 2010 WL 318087 (E.D.N.Y. Jan. 22, 2010) On August 19, 2009, Eric Butler was convicted by jury verdict of all counts of a three-count superseding indictment. His trial laid bare the pernicious and...

Reported Decision on Cooperation

Posted on March 06, 2010
United States v. Cosme, No. 06-CR-608 (JBW), 2010 WL 276599 (E.D.N.Y. Jan. 19, 2010) Cosme pled guilty to conspiracy to possess with intent to distribute five or more kilos of cocaine. He faced an advisory Guidelines range of imprisonment of...

Sentencing the Troubled Child

Posted on March 06, 2010
United States v. Serrano, No. 08-CR-612 (JBW), 2010 WL 147924 (E.D.N.Y. Jan. 11, 2010) Serrano pled guilty to a single count indictment charging that, having been convicted in a court of a crime punishable by imprisonment for a term exceeding...

Supervised Release Condition of Notification of "Significant Romantic Relationship" Unconstitutionally Vague

Posted on March 06, 2010
United States v. Reeves, 591 F.3d 77 (2d Cir. 2010) Reeves is an important case in the development of penalties for child pornography offenders. Specifically, Reeves was convicted of possession of child pornography, and was sentenced principally to 40 months...

Contrition as a Basis for a Non-Guidelines Sentence

Posted on March 06, 2010
United States v. Cho, No. 08-CR-332 (JBW), 2009 WL 5322746 (E.D.N.Y. Oct. 6, 2009) Cho was found guilty at trial of having defrauded a mortgage company. He faced an advisory Guidelines range of imprisonmen of between 46 and 57 months,...

The Case of the Goodhearted Dairy Farmer in Brooklyn

Posted on March 06, 2010
United States v. Bouquillon, No. 08-CR-915 (JBW), 2009 WL 4906517 (E.D.N.Y. Dec. 18, 2009) Bouquillon pled guilty to conspiracy to distribute and possess marijuana. He faced an advisory Guidelines range of imprisonment of between 78 and 97 months. He was...

Can a Sentencing Transcript be Totally and Permanently Sealed?

Posted on March 06, 2010
United States v. Doe, No. 08-4064-cr, 2009 WL 4823001 (2d Cir. 2009) The Government and the defendant joined in an unusual appeal seeking reversal of a district court order denying a motion for total and permanent sealing of a sentencing...

Criminal History as Part of a Defendant's "History and Characteristics"

Posted on March 06, 2010
United States v. Buker, No. 09-1499-cr (2d Cir. Dec. 11, 2009) (found here) The defendant contentded on appeal that the district court improperly calculated his criminal history based in part on certain Canadian convictions. The district court, however, had not...

Power of Rehabilitation

Posted on March 06, 2010
United States v. Charman, No. 08 Cr. 1154-01 (RWS), 2009 WL 4858047 (S.D.N.Y. Dec. 9, 2009) Charman pled guilty to one count of bank robbery and faced an advisory Guidelines range of imprisonment of between 10 and 16 months. (Obviously,...

Is Being a Good Person Enough for a Non-Guidelines Sentence?

Posted on March 06, 2010
United States v. Bertelle, No. 09-cr-253, 2009 WL 4666036 (E.D.N.Y. Dec. 8, 2009) Bertelle pled guilty to conspiracy to commit mail fraud, for which he faced an advisory Guidelines range of imprisonment of between 37 and 46 months. He was...

Supervisory, Yet Minor, Role in a Conspiracy.

Posted on March 06, 2010
United States v. Sanchez-Rangel, No. cr-08-186, 2009 WL 4626646 (E.D.N.Y. Dec. 7, 2009) Sanchez-Rangel pled guilty to conspiracy to distribute cocaine and firearms sales. He faced an advisory Guidelines range of imprisonment of between 135 and 168 months...

Hard Work and an Otherwise Lawful Life

Posted on March 06, 2010
United States v. Singh, No. 08-cr-868 (JBW), 2009 WL 4626645 (E.D.N.Y. Dec. 7, 2009) Singh pled guilty to conspiracy to distribute heroin and ephedrine, for which he faced an advisory Guidelines range of imprisonment of between 70 and 87 months....

Double-Counting and the Guidelines

Posted on March 06, 2010
United States v. Ramirez, No. 09 Cr. 751 (RWS), 2009 WL 4722237 (S.D.N.Y. Dec. 4, 2009) Ramirez was convicted of illegal re-entry after deportation following conviction for criminal sle of a crontrolled substance in the second degree, for which he...

Fast Track Disparity Remains Open in the Second Circuit

Posted on March 06, 2010
United States v. Ramos-Soto, No. 08-2381-cr, 2009 WL 4255754 (2d Cir. Dec. 1, 2009) Ramos-Soto is a case that simply highlights the question of whether fast-track disparity is a legitimate basis for a non-Guidelines sentence. In it, the defendant contended...

Clarifying The Meaning Of "Abuse of Discretion"

Posted on November 14, 2009
United States v. Hasan, Docket No. 08-4921-cr , 2009 WL 3737521 (2d Cir. Nov. 10, 2009) (found here) In Hasan, the Second Circuit takes on the job of more clearly explaining what it means by "abuse of discretion" review in...

Two Sentencing Points From The Second Circuit

Posted on October 29, 2009
United States v. Byors, Docket No. 08-4811-cr (2d Cir. Oct. 29, 2009) (found here) On appeal, Byors argued that the district court erred in: (1) not offsetting the loss attributable to his fraud by amounts that represented legitimate investment in...

Health, Family Support In The Community As A Basis For A Non-Guidelines Sentence

Posted on October 24, 2009
United States v. Jiang, No. 09-CR-34, 2009 WL 3254434 (E.D.N.Y. Oct. 9, 2009) Quick note: Jiang was convicted of fraudulently importing and trafficking in certain counterfeit goods, for which he faced an advisory Guidelines range of imprisonment of bewteen 78...

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