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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 § 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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