Saturday, September 27th, 2008

Summary Summary

So far, September has produced two summary orders of interest.

In United States v. Evans, No. 05-5753-cr (2d Cir. September 18, 2008), the court ordered a Regalado remand for one defendant, even though he was a career offender. His offense level was the same under the drug quantity table and the career offender rules, and the district judge made some comments that suggested that she did not fully understand her sentencing discretion. A second defendant got a Jacobsen remand so that the judge could clarify whether she sentenced him under the drug table or as a career offender.

In United States v. Spataro, No. 05-3407-cr (2d Cir. September 11, 2008), the court vacated the sentence on a 924(c) count. The guidelines provide that the guideline range is the mandatory minimum. Here, the court imposed a sentence fifty months longer than that but did not provide reasons.

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