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 • Death Penalty • Sentencing/Post Conviction • Criminal Procedure • 2nd Circuit Court
Recent Posts from Second Circuit Sentencing Blog
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The Same Notice Rules Apply To Non-Guidelines Fines
United States v. Elfgeeh, 515 F.3d 100 (2d Cir. 2008) In this post, we noted that a district court's failure to advise a defendant that it intended to impose an adverse non-Guidelines sentence constituted reversible…
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Crack Sentencing Reduction From 235 to 212 Months
United States v. Wood, No. CR-88-0723 (CPS), 2008 WL 399253 (E.D.N.Y. Feb. 12, 2008) On September 12, 1989, Wood was sentenced to concurrent sentences of 235 months imprisonment for a narcotics charges, and a consecutive…
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Crack Sentencing Reduction From 62 to 60 Months
United States v. Sosa, No. 03 Cr. 502 (JGK), 2008 WL 336472 (S.D.N.Y. Feb. 6, 2008) Simply story: Recalculation of Guidelines offense level after new crack Guidelines are applied results in reduction of sentence from…
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Multiple Sentencing Errors Lead To Remand
United States v. DeMott, 513 F.3d 55 (2d Cir. 2008) In this post-Booker world, it's hard to believe that a district court could commit so many errors in one case -- so many, in fact,…
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Supervised Release Conditions Related To Prior Criminal Conduct OK With Second Circuit
United States v. Dupes, 513 F.3d 338 (2d Cir. 2008) Following a guilt plea to securities fraud and conspiracy to commit securities fraud, the court sentenced Dupes to 38 months incarceration and 3 years of…
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Private Practice
Setting up my own private practice has taken a toll on the time I've had available for blogging. But, I'm back on track now, and hope to fully catch up on all the Second Circuit…
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The Ethical Entrepreneur
United States v. Alatsas, No. 06-CR-473 (JBW), 2008 WL 238559 (E.D.N.Y. Jan. 16, 2008) Notwithstanding a loss figure of $450,000 and an advisory Guidelines range of 24 to 30 months imprisonment, the Court imposed a…
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Plea Agreements and Reasonable Waiver
United States v. Abbadessa (Chinnici), No. 06-2398-cr (2d Cir. Jan. 29, 2007) (found here ) What terms did the plea agreement include such that Second Circuit wrote that "[a]s for his sentence, there is some…
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Crack Remand for Consideration of Kimbrough and Gall
United States v. Smith, No. 06-2815-cr (2d Cir. Jan. 24, 2008) Smith was sentenced to 188 months imprisonment for various crack offenses. Prior to sentencing, however, he had asked the court to take into account…
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More Crack Retroactivity Action
United States v. Wood, Nos. CR-88-0723 (CPS), CV-94-4652 (CPS), CV-96-2498 (CPS), CV-02-1678 (CPS), CV-06-2851 (CPS), 2008 WL 163694 (E.D.N.Y. Jan. 15, 2008) Wood was sentenced to 235 months for his narcotics conviction. On December 17,…