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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. § 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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