Second Circuit Sentencing Blog

Recent Posts from Second Circuit Sentencing Blog

• Clarifying The Meaning Of "Abuse of Discretion"

  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…

• Two Sentencing Points From The Second Circuit

  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…

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

  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…

• Is Substantive Reasonableness Review Dead?

  United States v. Rigas, Docket Nos. 08-3485-cr (L), 08-3500-cr (CON), 08-3592-cr (CON), 08-3597-cr (CON), 2009 WL 3166066 (2d Cir. Oct. 5, 2009) You remember the Rigas father and son team. Convicted in June 2004 of…

• Defendant Taken Advantage Of -- Family Circumstances -- Non-Guidelines Sentence

  United States v. Morillo, No. 08-CR-920 (JBW), 2009 WL 3174096 (E.D.N.Y. Oct. 1, 2009) Quick note: Morillo pled guilty to importing heroin into the United States, for which she faced an advisory Guidelines range of…

• The Constitutional Right To Speedy Sentencing

  United States v. Ray, 578 F.3d 184 (2d Cir. 2009) There was a 15 (that's right -- 15) year gap between a decison by the Second Circuit reversing Ray's sentence and remanding for resentencing, and…

• District Court Protest Concerning Criminal History Category Adjustments And The Safety Valve

  United States v. Feaster, No. 07-CR-874 (JBW), 2009 WL 2757157 (E.D.N.Y. Aug. 26, 2009) The district court sentenced Feaster to 120 months (10 years) imprisonment (the mandatory minimum for his narcotics offense), but was clearly…

• Safety Valve And Resentencing

  United States v. Santano, No. 07-CR-874 (JBW), 2009 WL 2600356 (E.D.N.Y. Aug. 24, 2009) An unusual procedural history and flexibility on the part of the district court yields a just sentence. Santano was convicted of…

• Imposing Role Adjustment Without Specific Factual Findings Constitutes "Plain Error"

  United States v. Ware, 577 F.3d 442 (2d Cir. 2009) Ware was convicted of securities fraud and conspiracy to commit securities fraud, and was sentenced principally to 97 months imprisonment. Proceeding pro se on appeal,…

• Close To The Line Of Procedural Unreasonableness

  United States v. Bender, No. 08-3103-cr., 2009 WL 2476691 (2d Cir. Aug. 14, 2009) Bender challenged the procedural and substantive reasonabless of his 120 month sentence. Specifically, the Second Circuit noted that the district court…