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Criminal Law

: Sentencing Law and Policy

Intriguing Second Circuit ruling on sentencing rationales

By Douglas A. Berman

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Issuing an opinion that is not easily summarized, the Second Circuit send us into the weekend with some thoughtful musings in its sentence reversal in US v. Williams, No. 05-4416 (2d Cir. Apr. 25, 2008) (available here). Here is the first paragraph of the opinion to whet Booker reasonableness appetites:This is an appeal by the United States from judgments, which were entered in the United States District Court for the Southern District of New York, convicting the defendants Brian Williams and Samuel Shuler on their pleas of guilty to conspiracy to possess with the intent to distribute crack cocaine.  The appeal challenges the sentences imposed on the defendants by Judges McMahon and Brieant.  Judge McMahon sentenced Williams principally to a period of incarceration of 36 months, and Judge Brieant sentenced Shuler principally to a period of incarceration of 40 months...continue to full post

Full post as published by Sentencing Law and Policy on April 25, 2008 (boomark / email).

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