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U.S. v. McCarthy, No. 09 cr. 1136 (WHP) (S.D.N.Y.) ( F.Supp.2d ) (May 19, 2011) (Judge William H. III Pauley)

One of the most damning forms of judicial criticism of a particular Guideline provision is that it lacks sufficient empirical support for the sentence that is recommended. That charge, leveled by many judges against several of the governing child-pornography Guidelines and against the old 100:1 ratio that applied to sentences ...

 

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