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June 18, 2006

More on reasonableness in the Second Circuit

The Second Circuit's work last week reversing as unreasonable a below-guideline sentence in Rattoballi (discussed here), is discussed at length in this New York Law Journal article.  The article indicates that Rattoballi decision "is one of the first, if not the first, where the 2nd U.S. Circuit Court of Appeals has found that a substantial deviation from the recommended guidelines sentence must be reversed because it was unreasonable."

Providing a notable contrast, the Second Circuit Sentencing Blog here notes the Second Circuit's (unpublished) decision in US v. Orlandez-Gamboa, No. 05-2777 (2d Cir. June 13, 2006) (available here), affirming an above-guideline sentence that was 75 months higher than the top of the defendant's guidelines range.  Also, this recent NYLJ article about above-guideline sentences reminded me of the Second Circuit's (unpublished) decision in US v. Harrison, No. 05-4350 (2d Cir. March 29, 2006) (discussed here) that also found a significant above-guideline sentence reasonable.

June 18, 2006 at 12:09 AM | Permalink


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