In this month’s column, we discuss United States v. Lynne Stewart, et al.,1 which has generated a sharp division in the U.S. Court of Appeals for the Second Circuit concerning appropriate procedures for sentencing review and the use of en banc review as a means of resolving disputes within the circuit.
In Stewart, the panel majority vacated the sentence imposed on defense attorney Lynne Stewart following her conviction for material support of terrorism, and remanded the case to the District Court for resentencing. The 28-month sentence, which represented an extreme downward variance from the recommended guidelines sentence of 360 months, was vacated by the panel majority on the basis of a single procedural error.
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