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Criminal Law

: Sentencing Law and Policy

In praise of thoughtful judging on the Second Circuit

By Douglas A. Berman

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I clerked for two different judges who still serve on the Second Circuit.  For that reason and perhaps others, I am always partial toward the work of that Court (especially when one of my old bosses is involved).  But, personal prejudice notwithstanding, I think all would agree that the three opinions coming from the Second Circuit today in US v. Huezo, No. 07-0031 (2d Cir. Oct. 14, 2008) (available here), show that this Circuit remains in fine form.  Here is the start of the opinion authored by one of my old bosses, which provides a flavor for the Huezo case and all the thoughtful judging it has produced:JON O. NEWMAN, Circuit Judge, with whom Judge Walker and Judge Sotomayor (although dissenting on the merits) join, concurring: Whether evidence suffices to permit a reasonable jury to find guilt beyond a reasonable doubt is sometimes a close question, as this case illustrates...continue to full post

Full post as published by Sentencing Law and Policy on October 14, 2008 (boomark / email).

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