Friday, January 29th, 2010

Summary Summary

Here are two recent summary orders of interest:

In United States v. Prescott, No. 08-2886-cr (2d Cir. January 12, 2010), the government waived its objection to the defendant’s untimely notice of appeal, and the court considered the appeal as if the notice were timely.

In United States v. Oliveras, No. 08-4884-cr (2d Cir. January 8, 2010), the court vacated the sentence, finding that the district court made multiple errors in the defendant’s favor. Among other things, the trial court disregarded a mandatory minimum, made clearly erroneous fact findings in determining the guidelines, and might have erred in downwardly departing on criminal history grounds, although the record needed clarifying on this issue.

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