July 29, 2005
Judge Kaplan addresses fast-track disparity
As detailed in this post last month, the fascinating post-Booker debate over fast-track programs and sentencing disparities, which has already triggered fascinating opinions from Judge Adelman and Judge Cassell and Judge Presnell and others, became the subject of a fascinating set of briefs before SDNY Judge Lewis Kaplan in US v. Krukowski. The Government in its filing raised a number of interesting arguments in an effort to dissuade Judge Kaplan from mitigating a sentence based on fast-track realities.
As detailed the transcript of the sentencing I just received (and make available for download below), Judge Kaplan found each of the Government's arguments against a mitigated sentence based on fast-track realities "quite unpersuasive." But Judge Kaplan ultimately imposed a sentence at the bottom of the Guidelines range, in part because in many other fast-track districts, the defendant would have been in an overlapping range. As the helpful reader who sent me this transcript put matters, while the fast-track debate "gave Mr. Krukowski no benefit, it should be good fodder for future cases, perhaps ones where the Guidelines range is higher (and the resulting disparity greater)."
July 29, 2005 at 05:55 PM | Permalink
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