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March 8, 2007

Interesting Second Circuit ruling on sentencing considerations

In my last pre-airport check of the circuits, I discovered the Second Circuit issued an interesting ruling on an interesting issue in US v. Kaba, No. 05-3813 (2d Cir. Mar. 8, 2007) (available here though a cranky link).  Here is the summary:

The defendant-appellant, who pleaded guilty to one count of conspiring to distribute and possess with intent to distribute more than one kilogram of heroin in violation of 21 U.S.C. ยง 846, appeals her sentence of, principally, 72 months' imprisonment on the ground that the district court improperly considered and relied upon her West-African heritage during the sentencing proceeding. Vacated and remanded.

March 8, 2007 at 03:50 PM | Permalink


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That reference probably should be to United States v. Kaba. "LNU" in police reports, etc., usually stands for "Last Name Unknown".

Posted by: Greg Jones | Mar 8, 2007 5:06:51 PM

It also bears noting that, upon remand, the Second Circuit directed that the case be reassigned to a new district judge. Not the first time that the Second Circuit has taken a case away from Judge Owen (i.e., Frank Quattrone).

Posted by: Harlan Protass | Mar 8, 2007 8:29:57 PM

Thanks, Greg, the name is fixed. That'll teach me to trust the Second Circuit website.

Posted by: Doug B. | Mar 8, 2007 9:56:58 PM

That'll teach me to trust the Second Circuit website.

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