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 Eric N. Vitaliano discussed reasons for imposing a below-Guidelines sentence in an “illegal re-entry” case. Judge Nicholas G. Garaufis (a) found that the government, seeking restitution in a securities fraud case, had failed three times to connect the victims’ losses to defendant’s offense; and (b) gave suggestions on how to proceed in its fourth and final attempt. Judge Frederic Block granted a defendant hospital’s motion for summary judgment in a suit brought by an employee alleging age discrimination. And Judge Jack B. Weinstein discussed vicarious liability, under respondeat superior, for a private entity based on conduct of an employee acting as a certified peace officer.
Sentencing Guidelines
In United States v. Lozano,10 CR 298 (EDNY, July 14, 2011), Judge Vitaliano, departing downward from the U.S. Sentencing Guidelines in an “illegal re-entry” case, commented on anomalies in the law as applied to defendant’s “criminal history” category.
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