This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge John Gleeson used a particular case to illustrate why the U.S. Sentencing Guidelines for fraud cases often do not, and in reality cannot, capture all the nuances relevant to a just result. Judge Raymond J. Dearie granted a preliminary injunction against the commissioners of the New York State Board of Elections. Judge Sandra L. Townes declined to compel arbitration of Truth in Lending Act claims. And Judge Joanna C. Seybert granted, in part, plaintiff’s motion for a preliminary injunction regarding the impoundment of his vehicle pending a forfeiture proceeding.

Sentencing Disparities

In United States v. Ovid, 09 CR 216 (EDNY, Oct. 1, 2010), Judge Gleeson explained the reasons for a sentence well below the guidelines range and commented on a Department of Justice letter decrying the “evolution” of two divergent “sentencing regimes”—one of which, in the department’s view, “has largely lost its moorings to the sentencing guidelines.”

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