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Second Circuit Sentencing Blog

Summaries And Commentary On Substantive Sentencing Decisions In The Second Circuit

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Second Circuit Sentencing Blog | federalsentencing.typepad.com Reviews

https://federalsentencing.typepad.com

Summaries And Commentary On Substantive Sentencing Decisions In The Second Circuit

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1

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...

2

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...

3

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 ...

4

Second Circuit Sentencing Blog: "Must Read" Opinion From Judge Gleeson (Having To Do With The Fraud Guidelines)

http://federalsentencing.typepad.com/developments_in_federal_s/2010/10/must-read-opinion-from-judge-gleeson-having-to-do-with-the-fraud-guidelines.html

Laquo; A Lesson In Why Post-Offense Rehabilitation Can Be So Important: Courts Don't Like To Disrupt Lives That Are On The Way To Full Rehabilitation. Severe Personal Background (That Is, History And Characteristics) Results In Non-Guidelines Sentence ». 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. The DOJ Letter recommends,. A systemic analysis and...

5

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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Upward Departure Under the Criminal Punishment Code for Third Degree Felonies That Are Not Forcible Felonies | Florida Sentencing Blog

https://floridasentencing.wordpress.com/2015/08/03/upward-departure-under-the-criminal-punishment-code-for-third-degree-felonies-that-are-not-forcible-felonies

A discussion of contemporary law, policy, and practice in Florida criminal sentencing. Upward Departure Under the Criminal Punishment Code for Third Degree Felonies That Are Not Forcible Felonies. Leave a comment ». Hon William H. Burgess, III. The danger may, at least in some cases, encompass pecuniary or economic harm. It is the general rule under the CPC that when the reasons provided by the trial court for a downward departure are found invalid on appeal, the resentencing following remand is. 522 F S...

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Early Termination of Probation or Community Control | Florida Sentencing Blog

https://floridasentencing.wordpress.com/2015/08/03/early-termination-of-probation-or-community-control

A discussion of contemporary law, policy, and practice in Florida criminal sentencing. Early Termination of Probation or Community Control. Leave a comment ». Hon William H. Burgess, III. In the case of community control, the trial court may grant rollover (conversion to probation) prior to the expiration of the term of community control or termination of community control if the court is satisfied that the defendant has met all conditions. Or its procedural counterpart Rule 9.140(c). To appeal an order ...

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Further Mitigation of a Youthful Offender Sentence Through Completion of a Basic Training “Boot Camp” Program | Florida Sentencing Blog

https://floridasentencing.wordpress.com/2015/08/03/further-mitigation-of-a-youthful-offender-sentence-through-completion-of-a-basic-training-boot-camp-program

A discussion of contemporary law, policy, and practice in Florida criminal sentencing. Further Mitigation of a Youthful Offender Sentence Through Completion of a Basic Training Boot Camp Program. Leave a comment ». Hon William H. Burgess, III, B.C.S. A way of further mitigation of a Youthful Offender (YO) sentence is through successful completion of a basic training, or boot camp, program run by the Department of Corrections (DOC), or a county of the state, authorized under section 958.04(4). If the offe...

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  Exposed: December 2009

http://whatsmyexposure.blogspot.com/2009_12_01_archive.html

A new york criminal defense attorney answers the question:. Subscribe to Feed (Atom). Wednesday, December 30, 2009. The Blog Is Back! My new friend sent me. Three Felonies A Day - How the Feds Target The Innocent". By renowned criminal defense attorney Harvey Silverglate. I promise, after I finish studying for the Florida Bar, I'm gonna read it. He also sent along a nice note complimenting my listening skills and what he viewed as compassion. But it was really his insights that made my day.

whatsmyexposure.blogspot.com whatsmyexposure.blogspot.com

  Exposed: I know it when I Google it.

http://whatsmyexposure.blogspot.com/2008/06/i-know-it-when-i-google-it.html

A new york criminal defense attorney answers the question:. Subscribe to Feed (Atom). Wednesday, June 25, 2008. I know it when I Google it. A defense attorney in a Florida obscenity trial. Although former United States Supreme Court Justice Potter Stewart’s famous statement. That he knows obscenity when he sees it is not the law of the land, a community’s standard of decency is an illusive concept. Miller v. California. As a lawyer, I am impressed with the imaginative theory of defense posited by Mr....

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  Exposed: The expediters will always be with us.

http://whatsmyexposure.blogspot.com/2008/05/expediters-will-always-be-with-us.html

A new york criminal defense attorney answers the question:. Subscribe to Feed (Atom). Friday, May 23, 2008. The expediters will always be with us. Yesterday in Chicago, 15 people, including 7 city employees, were charged in a federal indictment. That the earlier prosecution “did not make enough of an impact.” On learning of the latest indictments, the chairman of the Chicago City Council’s Buildings Committee stated. It seems to be a fact of life. That wherever there is construction, prosecutors chase ci...

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  Exposed: A Fast Knock

http://whatsmyexposure.blogspot.com/2008/07/fast-knock.html

A new york criminal defense attorney answers the question:. Subscribe to Feed (Atom). Tuesday, July 29, 2008. I wrote about the New York State Attorney General's investigation into the collapse of the auction rate securities market. Last week the Wall Street Journal. Reported that the New York AG filed a law suit. Subscribe to: Post Comments (Atom). There was an error in this gadget. 70 Broad Street, Manhattan. July 29, 2008. An eagl. The Battery, Lower Manhattan, July 10, 2008. The S.

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  Exposed: Head 'em off at the pass.

http://whatsmyexposure.blogspot.com/2008/07/head-em-off-at-pass.html

A new york criminal defense attorney answers the question:. Subscribe to Feed (Atom). Thursday, July 10, 2008. Head 'em off at the pass. The guidelines and principles under which the Department of Justice investigates and prosecutes corporations, their officers and employees may finally change for the better. This week a contentious Senate hearing. Immediately following the hearing. Senator Leahy to hold a vote on the Spector legislation. Subscribe to: Post Comments (Atom). Head em off at the pass. South...

whatsmyexposure.blogspot.com whatsmyexposure.blogspot.com

  Exposed: There's no business like law business.

http://whatsmyexposure.blogspot.com/2008/05/theres-no-business-like-law-business.html

A new york criminal defense attorney answers the question:. Subscribe to Feed (Atom). Thursday, May 29, 2008. There's no business like law business. The self-described “legal tabloid” blog Above the Law has been busy lately keeping up with its Nationwide Layoff Watch. Among large firms that have fired attorneys in recent months are Cadwalader Wickersham and Taft and Clifford Chance. On Tuesday, ATL revealed. In his blog entry about the study, bill padding in these circumstances is virtually inevitable.

whatsmyexposure.blogspot.com whatsmyexposure.blogspot.com

  Exposed: All's Wells that ends Wells?

http://whatsmyexposure.blogspot.com/2008/05/alls-wells-that-ends-wells.html

A new york criminal defense attorney answers the question:. Subscribe to Feed (Atom). Wednesday, May 21, 2008. All's Wells that ends Wells? Maurice “Hank” Greenberg, former CEO of American International Group, may face civil charges from the SEC for what it alleges is his role in attempting to enhance his company’s financials through collusive transactions with General Re Corp. Today’s Wall Street Journal reports. That on Friday, the SEC served Greenberg with a so-called Wells notice. The expediters will...

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Second Circuit Sentencing Blog

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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Ldquo;It’s clear that too many Americans go to too many prisons for too long, and for no truly good law enforcement reason.”. Eric Holder, Attorney General August 12, 2013. Our Primary purpose is to eliminate or minimize the amount of the time our clients serve in prison. Committed and Compassionate Advocate. Our Mission and Approach. Kent Costley - Federal Sentencing Consultant. Kent Costley has a profound appreciation of the challenges facing the Federal Defense Bar and knows from long experience that ...

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Federal Criminal Sentencing Manual

Federal Criminal Sentencing Manual. Federal Criminal Sentencing: How Much of a Federal Sentence must be Served? Grand Theft of the First Degree Second Degree Third Degree Bank fraud IRS tax fraud Contractor fraud Credit card fraud Medical or Medicare fraud Medicaid fraud Pharmaceutical fraud Mortgage loan fraud Real estate fraud Mail fraud Insurance fraud Wire fraud Conspiracy Healthcare fraud Business fraud SEC fraud Money Laundering. Tuesday, March 20, 2012. Welcome to the . The federal sentencing guid...

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