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April 27, 2005

High profile 2d Circuit Crosby remand

Though I do not see the decision on-line, the papers are reporting here that the Second Circuit yesterday entered a Crosby remand so that District Court Judge Janet Bond Arterton can consider resentencing former Bridgeport Mayor Joseph Ganim, who is serving nine years in prison for corruption.  According to the AP report:

Ganim's attorneys would not say Wednesday exactly what sentence they will request, but have said in the past that Ganim's sentence should be reduced from nine years to three. Prosecutors declined to comment, other than to say their request for a review was standard practice in the wake of [Booker].... Prosecutors asked the 2nd Circuit Court of Appeals in February to send Ganim's case back to Arterton.

UPDATE: Additional coverage of Ganim's case can be found here.

April 27, 2005 at 08:03 PM | Permalink

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Comments

You're right - I spent about 20 minutes on PACER looking for it, but couldn't find it. The most I could find is this:

Order filed stating The Government moves,with the consent of the Appellant, to remand the case for resentencing. Upon due consideration, it is ORDERED that the motion is GRANTED IN PART, and that pursuant to United States v. Crosby, 397 F. 3d 103, 118-20 92d Cir. 2005) the case is REMANDED to the district court for that court consider whether to resentence Appellant, after considering the currently applicable statutory requirements as explicated in United States v. Booker, _U.S._125 S.Ct. 738,764 (2005), and Crosby.

It is FURTHER ORDERED that Appellant`s motion for stay is DENIED as unnecessary. This Court`s Clerk`s Office shall issue a mandate forthwith,pursuant to United States v. Jacobson, 15 F.3d 19, 22 (2d Cir. 1994). Jurisdiction over the appeal will be automatically restored to this Court, without the need for a new notice of appeal, if the parties notify this Court`s
Clerk`s office within ten days of the entry of the district court`s decision. If jurisdiction is restored to this Court, the appeal will be assigned to a new panel in due course. Hon GC, JAC CJJ, JCH DJ.

Posted by: Gideon | Apr 27, 2005 8:11:47 PM

It's an order, not an opinion; therefore, it's not posted other than on PACER. The order "Gideon" quotes is the entirety of the ruling. I am one of ex-Mayor Ganim's appellate counsel. Note that the Court has not reached the appeal on the merits of the conviction and has retained jurisdiction to do so after the resentencing, if the defendant asks that his appeal be reinstated. In other words, the Second Circuit (at least) is allowing "Crosby remands" *during* the appeal and not just at the end. Are other circuits doing this?

Posted by: Peter G | Apr 28, 2005 12:14:32 PM

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