Tuesday, April 8th, 2008


Here are three more s/o’s to chew on:

In United States v. Glum, No. 06-3099-cr (2d Cir. April 8, 2008), the court ordered a Crosby remand even though the district court, when denying the defendant’s pro se 2255 motion, had already indicated that it would impose the same sentence.

In United States v. Ogman, No. 06-0203-cr (2d Cir. April 7, 2008), the court refused to order a Regalado remand in a crack case where the defendant was sentenced as a career offender. Here, the Guideline range was “not the result of the 100-to-1 powder to crack ratio, but rather resulted from [defendant’s] undisputed status as a career offender.”

In United States v. Ruiz, No. 06-5609-cr (2d Cir. April 1, 2008), the court held that the defendant’s sentencing appeal was barred by the waiver contained in the plea agreement, even though it was “not entirely clear that the sentencing judge complied with the parsimony clause.”

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