Criminal Prosecution, Federal Sentencing Guidelines, Appeals

The White Collar Appeal: Second Circuit Holds That Judges Can’t Increase Sentences to Offset Reductions from the First Step Act or...

Quinn Emanuel on 9/5/2025

In a case of first impression in the federal Courts of Appeals, the Second Circuit held that district courts may not consider a defendant’s potential eligibility for a sentence reduction under the First Step Act or programs...more

Second Circuit Rejects Challenge to Stratton Limits on Sentencing Enhancements

Patterson Belknap Webb & Tyler LLP on 7/8/2025

In United States v. Sterkaj, the Second Circuit (Cabranes, Raggi, and Nathan) vacated a sentence imposed on Klaudio Sterkaj because it represented an impermissible upward variance under United States v. Stratton, 820 F.2d 562...more

Harsh Crack Cocaine Guidelines Not Found To Be Unreasonable In All Cases

Patterson Belknap Webb & Tyler LLP on 6/17/2025

In United States v. Lawrence, the Second Circuit (Park, Menashi, and Kahn) affirmed the within-Guidelines sentence of Andrew Lawrence, who pleaded guilty to six counts of distributing and possessing with intent to distribute...more

Major Case Update: Fifth Circuit Declines to Transform How Courts Apply Sentencing Guidelines

Jackson Walker on 7/27/2023

On July 24, 2023, the United States Court of Appeals for the Fifth Circuit issued its much-anticipated en banc decision United States v. Vargas, 21-20140...more

One Step Forward, Two Steps Back: The Latest on Federal Court Treatment of Criminal Defendants

Bradley Arant Boult Cummings LLP on 6/27/2023

Last week, the Sixth Circuit and Supreme Court issued opinions on criminal law that could affect trial and sentencing strategy for white collar defendants in regulated industries. District court discretion does not...more

Notice of Appeal - Spring 2021

Cozen O'Connor on 4/16/2021

Precedential Opinions of Note - Government Must Prove Falsity Under Any Objectively Reasonable Standard - United States v. Harra (January 12, 2021), No. 19-1105 http://www2.ca3.uscourts.gov/opinarch/191105p.pdf Unanimous...more

Court Vacates Term of Supervised Release

Patterson Belknap Webb & Tyler LLP on 12/29/2016

In a short summary order, the Court (Winter, Jacobs, Cabranes) vacated a term of supervised release because the district court had improperly calculated the advisory Guidelines range. Defendant Raddy Breton pleaded guilty to...more

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