Federal Defenders of New York Second Circuit Blog

sentence

Circuit Vacates Sentence Based on District Court’s Misunderstanding of Authority to Impose Anticipatory Concurrent Sentence; Declines to Enforce Appeal Waiver Where Government Consents to Partial Remand.

by

In United States v. Anderson, ___ F.3d ___, No. 18-1839 (2d Cir. Jan. 9, 2020) (Jacobs, Sack, Hall), the Circuit vacated and remanded a 120-month sentence based on two errors: (1) the district court misunderstood its authority to order that the federal sentence run concurrently with a yet-to-be-imposed state parole violation sentence; and (2) the … Read more

Fast-Track Train Still Stalled

by

United States v. Ramirez-Sucar, No. 06-2909-cr (2d Cir. February 20, 2008) (per curiam) Here is yet another case in which the circuit does not decide whether a district court can consider the lenient illegal-reentry sentences that are regularly imposed in “fast-track” districts as the basis for downward variance. Once again, all the court notes is … Read more

Breach Baby

by

United States v. Griffin, No. 05-4106-cr (2d Cir. December 21, 2007) (Pooler, Sack, Wesley, CJJ) In this case, a divided panel concluded that the government breached its plea agreement in a child pornography case by twice suggesting that the defendant might not be entitled to a downward adjustment for acceptance of responsibility. Facts: Defendant Michael … Read more

Have You Hugged A Sex Offender Lately?

by

United States v. Juwa, No. 06-2716-cr (2d Cir. November 28, 2007) (Walker, Calabresi, Sack, CJJ) United States v. Baker, No. 05-4693-cr (2d Cir. November 16, 2007) (Summary Order) The circuit has. Twice, but only once in a published opinion. In Juwa, the court found that a 90-month sentence was procedurally unreasonable because it might have … Read more

To Life!

by

United States v. Freeman, No. 05-5529-cr (2d Cir. November 14, 2007) (Straub, Katzmann, Parker, CJJ) Michael Freeman was convicted of drug trafficking, robbery and gun possession, but acquitted of two homicide counts. The district court nevertheless imposed a life sentence, based on its preponderance finding that Freeman committed the murders of which he was acquitted. … Read more

Location, Location, Location

by

United States v. Cavera, No. 05-4591-cr (2d Cir. October 11, 2007) (Cardamone, Calabresi, Pooler, CJJ) Gerard Cavera received an above-Guidelines sentence based on the district court’s view that gun offenses were more serious in densely populated areas like New York city. This opinion is the court’s second attempt to deal with a location-specific reason for … Read more

Steal This Footnote

by

United States v. Johnson, No. 05-3811-cr (2d Cir. October 10, 2007) (Meskill, Cabranes, Wesley, CJJ) This is pretty much a case about nothing. The only real nugget is in footnote 4. Johnson appealed his 120-month gun sentence – the statutory maximum – on several grounds. As is often true, his case had begun in state … Read more

Follow The Bouncing Anders

by

United States v. Whitley, Docket No. 05-3359-cr (2d Cir. September 17, 2007) (Straub, Pooler, Parker, CJJ) (per curiam) Once – or rather twice – again, in these consolidated appeals, the Circuit has bounced Anders briefs. Here the court was dissatisfied with the briefs’ treatment of the reasonableness of the sentence. One “merely recite[d] the legal … Read more