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June 19, 2006

Another astute review of Rattoballi

The Second Circuit Sentencing Blog in this lengthy post provides an insightful and critical assessment of the Second Circuit's discussion of reasonable review in its recent Rattoballi ruling (discussed here and here).  Recall that here the Second Circuit Blog has also spotlighted ratty aspects of Rattoballi. Here are snippets from the latest commentary:

Reading sentencing decisions from the Second Circuit these days is a lot like dating a girl who maybe-sort-of-just-might-like-youyou get very mixed messages.  And, in light of the Second Circuit's prior decisions in United States v. Crosby, 397 F.3d 103 (2d Cir. 2006) and United States v. Fernandez, 443 F.3d 19 (2d Cir. 2006), Rattoballi sends just such a mixed message....

The only reconciliation of these three decisions that I have thus far been able to make is really no reconciliation at all.  Rather, it is a recognition that different panels of the Second Circuit have reached different conclusionsCrosby (Circuit Judges Newman, Kearse and Cabranes), Fernandez (Circuit Judges Miner and Cabranes and District Judge Curtin) and Rattoballi (Chief Judge Walker and Circuit Judges Winter and Jacobs).  If so (and as suggested by the Second Circuit Blog) an en banc hearing on Rattoballi may be required to achieve some stability in sentencing law in the Second Circuit.

June 19, 2006 at 08:16 AM | Permalink


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