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Criminal Law

: Sentencing Law and Policy

A notable (and notably late) Second Circuit conviction reversal

By Douglas A. Berman

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The Second Circuit today in US v. Ogando, No. 05-0236 (2d Cir. Oct. 20, 2008) (available here), reverses for insufficient evidence a set of jury trial convictions for a livery cab driver hired to pick up a drug courier at the airport.  Though not a sentencing case, this paragraph at the end of the long factual recitation in the opinion caught my eye:Ogando was convicted on all four counts.  The Pre-Sentence Report calculated a Guidelines range of 63 to 78 months' imprisonment.  The court granted the defense?s motion for a downward departure based on aberrant behavior, U.S.S.G. § 5K2.20, and sentenced Ogando principally to 30 months'  imprisonment.  Ogando has completed serving his prison sentence. This case makes me wonder whether bail pending appeal ought to be a default rule for any non-violent first offender...continue to full post

Full post as published by Sentencing Law and Policy on October 20, 2008 (boomark / email).

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