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Second Circuit – Sentencing reduction: United States v. Fernandez
Daily Record Staff//August 5, 2024//
Second Circuit – Sentencing reduction: United States v. Fernandez
Daily Record Staff//August 5, 2024//
United States Court of Appeals for the Second Circuit
Sentencing reduction
Extraordinary and compelling reason
22-3122
Judges Sack, Lohier, and Kahn
Background: The government appealed from the grant of the defendant’s motion for a sentence reduction. The court found that the defendant’s possible innocence in light of the questionable credibility of a key witness and the fact that the defendant received a far longer sentence than his co-defendants warranted a sentence reduction.
Ruling: The Second Circuit reversed. The court held that it was an abuse of discretion because potential innocence is never a permissible extraordinary and compelling reason for a reduction of a sentence and the sentencing disparity is not an extraordinary and compelling reason for a reduction.
David Ambramowicz, United States attorney, for the appellant; Benjamin Gruenstein, of Cravath, Swaine & Moore, for the appellee.
Case Digests
- Fourth Department – Collateral estoppel: Busch v. County of Erie, et al.
- Court of Appeals – Best evidence rule: People v. Coggins
- Fourth Department – Unlawful inventory search: People v. Boatwright
- Second Circuit – Fossil-fuel powered appliances: Assoc. of Contracting Plumbers v. CNY; Mulhem Gas Co., v. Mosley
- Fourth Department – Dismissal of the indictment: People v. Anderson
- Fourth Department – Municipal liability: Battey v. Village of Youngstown
- Fourth Department – Notice of claim: Cindy W. v. Waterloo Central School Dist.
- Court of Appeals – Hateful Conduct Law: Volokh, et al. v. James
- Second Circuit – Free Exercise: Miller v. McDonald
- Court of Appeals – Recording police activity: Reyes v. City of New York
- Second Circuit – Tax liens and levies: Besicorp v. Commissioner of Internal Revenue
Law News
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- Major Rochester-area auto dealer accused of fraud in federal loan program
- Rochester attorney Donald O. Chesworth Jr. has died
- Split NY appeals court affirms conviction in kidnapping of daughter
- Greece man accused of stealing from class-action settlement funds
- NY AG investigating Schuyler County death involving DOCCS officer
- Rochester man files suit over ‘warning notice’ from ICE
- Lawsuit dismissed in Rochester police chase car crash
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