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Criminal Defense Lawyer
comment #:
24133
rating:
8.8
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I disagree with the comment that his adherence to the 'guidelines appears slavish.' Presentence, I was concerned about that comment coupled with his unique rule that Probation may not enumerate reasons for a non-guideline sentence in the PSR. We had him on a plea where there were compelling 3553 factors and he imposed a year and a day on a 30-37-mo. guidelines range. We were hoping (and asked) for probation. While I beleive many judges in the SDNY (and EDNY) would have imposed probation on these facts, it was a fair sentence from any perspective other than a defendant's. He read everything submitted and summarized all the arguments we made even before we had a chance to speak. While my prepared sentencing comments were trashed, I'd rather know the court has carefully considered all matters prior to arriving on the bench. No disputed guidelines issues, so the bottom line -- from a defense sentencing perspective -- is fair, but on the harsher side of the balance beam. But importantly, willing to impose a non-guideline sentence where the facts support same.
7/15/19, 2:16 AM
Hon. Richard M. Berman

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