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Second Circuit Sentencing Blog
http://federalsentencing.typepad.com/developments_in_federal_s
Failure To Make Adequate Findings Concerning Role Adjustment Results In Reversal. United States v. Gomez. No 09-4412-cr (2d Cir. Nov. 23, 2010) (found here. Gomez appealed his 150 months sentence that followed his plea of guilty to an eight-count indictment charging a conspiracy to import and distribute heroin. Among other things, Gomez argued that the district court erred in applying a role enhancement because it failed to make any particularized finding in open court regarding the enhancement. Novembe...
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Federal Community - Shaw Bransford & Roth
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Second Circuit Sentencing Blog: Conspiracy
http://federalsentencing.typepad.com/developments_in_federal_s/conspiracy
Severe Personal Background (That Is, History And Characteristics) Results In Non-Guidelines Sentence. United States v. Goltson. No 09-CR-461 (JBW), 2010 WL 4032399 (E.D.N.Y. Oct. 13, 2010). October 19, 2010 in Acceptance of Responsibility. Fact Considerations at Sentencing. Variances From Guidelines Sentences. Must Read" Opinion From Judge Gleeson (Having To Do With The Fraud Guidelines). United States v. Ovid. No 09-CR-216 (JG), 2010 WL 3940724 (E.D.N.Y. Oct. 1, 2010). At 4 The Department concludes on t...
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Second Circuit Sentencing Blog: Reverse and Remand
http://federalsentencing.typepad.com/developments_in_federal_s/reverse_and_remand
Failure To Make Adequate Findings Concerning Role Adjustment Results In Reversal. United States v. Gomez. No 09-4412-cr (2d Cir. Nov. 23, 2010) (found here. Gomez appealed his 150 months sentence that followed his plea of guilty to an eight-count indictment charging a conspiracy to import and distribute heroin. Among other things, Gomez argued that the district court erred in applying a role enhancement because it failed to make any particularized finding in open court regarding the enhancement. Is not ...
federalsentencing.typepad.com
Second Circuit Sentencing Blog: Unwarranted Sentence Disparities
http://federalsentencing.typepad.com/developments_in_federal_s/unwarranted_sentence_disparities
Second Circuit: Guidelines Sentence CAN Create Unwarranted Sentencing Disparity. United States v. De La Cruz. No 09-4641-cr, 2010 WL 4136669 (2d Cir. Oct. 21, 2010). November 22, 2010 in Other. Must Read" Opinion From Judge Gleeson (Having To Do With The Fraud Guidelines). United States v. Ovid. No 09-CR-216 (JG), 2010 WL 3940724 (E.D.N.Y. Oct. 1, 2010). Judge Gleeson takes pen to paper again. At 4 The Department concludes on this issue (the letter addresses various others as well) that [t]he current sen...
federalsentencing.typepad.com
Second Circuit Sentencing Blog: 4 Month Sentence for Federal Class B Misdemeanor
http://federalsentencing.typepad.com/developments_in_federal_s/2010/11/4-month-sentence-for-federal-class-b-misdemeanor.html
Laquo; Severe Personal Background (That Is, History And Characteristics) Results In Non-Guidelines Sentence. Second Circuit: Guidelines Sentence CAN Create Unwarranted Sentencing Disparity ». 4 Month Sentence for Federal Class B Misdemeanor. United States v. Dugan. No 10 Cr. 06-1 (RWS), 2010 WL 4118374 (S.D.N.Y. Oct. 12, 2010). November 22, 2010 in Other. The comments to this entry are closed. Blog Creator & Editor:. Harlan J. Protass. Get Updates By Email. Enter your email address:. 149; Health of th...
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Second Circuit Sentencing Blog: "I was forced by a law that should not have been invoked to impose a five-year prison term"
http://federalsentencing.typepad.com/developments_in_federal_s/2010/04/i-was-forced-by-a-law-that-should-not-have-been-invoked-to-impose-a-fiveyear-prison-term.html
Laquo; Guest Blogger Marshall Mintz: District Court Authority To Amend Restitution Orders. Des Moines Register Op-Ed Concerning Sholom Rubashkan And The Guidelines' Fraud Table ». I was forced by a law that should not have been invoked to impose a five-year prison term". United States v. Vasquez. No 09-CR-259 (JG), 2010 WL 1257359 (E.D.N.Y. March 30, 2010). 0160; This case is a good example. Background Concerning the Defendant. After his arrest, Vasquez tried to cooperate with the government. ...Accordi...
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Second Circuit Sentencing Blog: Presentence Reports
http://federalsentencing.typepad.com/developments_in_federal_s/presentence-reports
Failure To Make Adequate Findings Concerning Role Adjustment Results In Reversal. United States v. Gomez. No 09-4412-cr (2d Cir. Nov. 23, 2010) (found here. Gomez appealed his 150 months sentence that followed his plea of guilty to an eight-count indictment charging a conspiracy to import and distribute heroin. Among other things, Gomez argued that the district court erred in applying a role enhancement because it failed to make any particularized finding in open court regarding the enhancement. Most si...
federalsentencing.typepad.com
Second Circuit Sentencing Blog: Other
http://federalsentencing.typepad.com/developments_in_federal_s/other
Second Circuit: Guidelines Sentence CAN Create Unwarranted Sentencing Disparity. United States v. De La Cruz. No 09-4641-cr, 2010 WL 4136669 (2d Cir. Oct. 21, 2010). November 22, 2010 in Other. 4 Month Sentence for Federal Class B Misdemeanor. United States v. Dugan. No 10 Cr. 06-1 (RWS), 2010 WL 4118374 (S.D.N.Y. Oct. 12, 2010). November 22, 2010 in Other. Second Circuit Finally Rules On The Ex Post Facto Clause And The Guidelines. United States v. Ortiz. Ortiz was sentenced to 120 months imprisonment f...
federalsentencing.typepad.com
Second Circuit Sentencing Blog: Fact Considerations at Sentencing
http://federalsentencing.typepad.com/developments_in_federal_s/fact_considerations_at_sentencing
Fact Considerations at Sentencing. Failure To Make Adequate Findings Concerning Role Adjustment Results In Reversal. United States v. Gomez. No 09-4412-cr (2d Cir. Nov. 23, 2010) (found here. November 23, 2010 in Fact Considerations at Sentencing. Severe Personal Background (That Is, History And Characteristics) Results In Non-Guidelines Sentence. United States v. Goltson. No 09-CR-461 (JBW), 2010 WL 4032399 (E.D.N.Y. Oct. 13, 2010). Goltson pled guilty to a lesser-included offense within a single-count ...
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