Second Circuit Sentencing Blog

Second Circuit Sentencing Blog has summaries and commentary on substantive sentencing decisions in the 2nd U.S. Circuit Court of Appeals based in New York.

Author: Author Harlan J. Protass is a criminal defense attorney in New York City with a practice devoted to white collar crime and securities regulation matters.

Blawg Related Categories: Criminal Justice • Sentencing/Post Conviction • Criminal Procedure • 2nd Circuit Court

Recent Posts from Second Circuit Sentencing Blog

The Ex Post Facto Clause In The Post-Booker World
The following is my article (with Charles Clayman) in today's New York Law Journal entitled "The Ex Post Facto Clause In the Post-'Booker' World." July 01, 2009 "Fascinating "and "intriguing" are not words typically used…
Bernard Madoff Sentence: 150 Years (Or 1,800 Months)
You can read the news reports, watch the news, skim the blogs, etc. But nothing substitutes for knowing precisely what happened in Judge Chin's courtroom this morning. For those who are interested in the unvarnished…
Failure To Abide By "Transitional Supervision" Not A Violent Felony Within The Meaning of ACCA
United States v. Mills, Docket No. 07-0308-cr (2d Cir. June 26, 2009) Mills challenged a district court's finding that he qualified for ACCA sentencing because of his prior Connecticut escape conviction. Specifically, Mills was released…
Post-Offense Rehabilitation (And Cooperation) Result In Wide Variance
United States v. Cadle, No. 04-CR-750 (JBW), 2009 WL 1764980 (E.D.N.Y. June 11, 2009) Short Note: Cadle pled guilty to conspiring to import cocaine into the United States, an offense for which she faced an…
A Good Man Catches A Break
United States v. Medeiros, No. 08-CR-0696 (JBW), 2009 WL 1764981 (E.D.N.Y. June 18, 2009) Short Note: Medeiros pled guilty to illegal re-entry into the United States.an offense for which he faced an advisory Guidelines range…
No Surprise: Procedural Error Based On District Court's Adoption Of Two Different Advisory Guidelines Ranges
United States v. Hossain, No. 08-3805-cr (2d Cir. June 24, 2009) Hossain complained about procedural error in his sentencing hearing -- specifically, the district court "erred by not calculating and identifying the applicable Sentencing Guidelines…
Second Circuit: No Problem That Defendant And His Counsel Didn't See PSR Addendum Because They Saw A Government Letter Referencing Same
United States v. Simmons, No. 08-4031-cr (2d Cir. June 24, 2009) Simmons argued on appeal that he was denied due process because his attorney did not receive a copy of an addendum to his PSR…
It's Difficult To Register As A Sex Offender If You're Homeless
United States v. Akin, No. 08-CR-613 (JBW), 2009 WL 1743925 (E.D.N.Y. June 15, 2009) Short Note: Akin pled guilty to a single-count indictment charging that he traveled interstate and failed to update his sex offender…
Bottom End Of The Guidelines For "Primary Caregiver"
United States v. Dey, No. 07-CR-725 (JBW), 2009 WL 1720956 (E.D.N.Y. June 18, 2009) Short Note: Dey pled guilty certain gambling offenses, and faced an advisory Guidelines range of 6 to 12 months imprisonment (Zone…
A Truly Sad Story And A Non-Guidelines Sentence
United States v. Torres, No. 08 Cr. 1062-01 (RWS), 2009 WL 1619640 (S.D.N.Y. June 4, 2009) Torres pled guilty to one count of conspiracy to distribute and possession with intent to distribute crack. Based on…