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: Second Circuit Sentencing BlogSecond Circuit Affirms Wide Upward Variance
United States v. Martinucci, Docket No. 08-0104-cr (2d Cir. April 8, 2009) (found here)
Martinucci was convicted of some pretty serious crimes (child pornography and sexual abuse and the like). His offense level under the Guidelines was 33, which indicated a sentencing range of 135-168 months imprisonment. But he also faced a mandatory minimum sentence of 180 months. The court, however, imposed a 300 month sentence -- which the Second Circuit affirmed. More specifically, the Second Circuit found that:
Nothing extraordinary about the decision, other than to note that such wide variances from the Guidelines are not necessarily viewed skeptically by the Second Circuit when a good record has been made by the district court.
Full post as published by Second Circuit Sentencing Blog on April 08, 2009 (boomark / email).
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