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July 26, 2011

Second Circuit holds prosecutors cannot refuse extra acceptance point based on PSR dispute

The Second Circuit issued an important little guideline-sentencing decision today in US v. Lee, No. 10-493 (2d Cir. July 26, 2011) (available here), which is effectively summarized in this paragraph from the opinion:  

We hold that the government's refusal to move for a third-point reduction under ยง 3E1.1(b) in this case was based on an unlawful reason, as the government could not refuse to move on the grounds that it had been required to prepare for a Fatico hearing.

July 26, 2011 at 06:15 PM | Permalink

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Comments

Excellent opinion by new Circuit Judge Chin. Wow, can the feds be mean spirited at times!!

Posted by: Steve Prof | Jul 26, 2011 7:21:17 PM

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