Publish and perish (at sentencing)

The Second Circuit today in US v. Kane, No. 05-2714 (2d Cir. June 19, 2006) (available here), has an interesting discussion of proper sentencing considerations in the course of rejecting the defendant's claim that his First Amendment rights were violated when the district court considered the defendant's (peculiar) published writings to undercut the mitigating character evidence the defendant offered.  The Kane opinion also briefly discusses jurisdiction and reasonableness in the course of affirming a below-guideline sentence over the defendant's objections.

The Second Circuit Sentencing Blog has more on Kane here.