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White Collar Defense & Compliance Developments in Criminal Law, Federal Case Law and Statutory Developments

Tag Archives: variance

Third Circuit Reminds That In Criminal Cases A Joint Representation Conflict Of Interest Is Not Avoided Simply Because The Clients Consent And Waive Any Conflict

Posted in Trial tactics

Joint representation in criminal case foiled when, in a case where the same firm represented both defendants, the attorney for one defendant demonstrated his conflicted position by first insisting on a speedy trial for his client and then failing to oppose a continuance motion by the other defendant, represented by his partner.

Ninth Circuit Applies Substantive Reasonableness To Curb Lower Court’s Variance Discretion

Posted in Sentencing

The Ninth Circuit vacated a sentence constituting a significant downward variance for a convicted terrorist on substantive reasonableness grounds, because the district court did not adequately take into account the seriousness of the defendant’s offense and the need to protect the public from future crimes, and failed to give sufficient weight to the government’s assessment of the defendant’s level of cooperation.

Second Circuit Criticizes Practice Of Denying Third Level Reduction For Acceptance Of Responsibility To Defendants Who Demand Sentencing Hearings

Posted in Sentencing

The Second Circuit recently halted a practice by which prosecutors had refused to move to further reduce a sentence where the defendant, who had otherwise qualified for that reduction through a timely acceptance of responsiblity for the offense, had the temerity to raise an issue at sentencing and thereby cause the government to prepare for a sentencing hearing.

Community demographics justify Guidelines variance

Posted in Sentencing

In United States v. Cavera, 550 F.3d 180 (2d Cir. 2008), the Second Circuit (en banc) considered the interesting issue of when, under federal criminal sentencing in the aftermath of United States v. Booker, 543 U.S. 220 (2005)¸ a sentencing court may properly consider community conditions in varying from the advisory Sentencing Guidelines range. In… Continue Reading

Enormous downward variance in Gen Re fraud sentencing

Posted in Sentencing

Federal judges sentencing white collar defendants are increasingly disregarding the guideline calculated/recommended sentences and focusing more on the defendants and their actions. In a recent decision issued by Judge Droney of the United States District Court for the District of Connecticut, the Court sentenced one of the defendants to two years in prison, rather than… Continue Reading