U.S. v. Cavera, No. 05-4591-cr (2nd Cir.) (550 F.3d 180) (December 4, 2008) (Judge Guido Calabresi)
In this en banc decision, the Second Circuit upheld an unusual upward departure from the sentencing range recommended by the Guidelines in a firearms trafficking case where the illegal guns were destined for the New York black market. The district court (Judge Sifton of the E.D.N.Y.) had reasoned that a ...
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