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 Jack Weinstein discussed the “unconscionable” five-year statutory minimum sentence applicable to a defendant who, as an adolescent, accessed child pornography on his computer. Judge John Gleeson granted a habeas petition based on various improprieties relating to the use of certain prejudicial testimony after it was supposedly stricken. Judge Pamela K. Chen, affirming a Bankruptcy Court decision, imposed sanctions on the creditor, and Judge Joseph A. Bianco denied a motion to dismiss claims for overtime and vacation pay brought by an employee of a married couple convicted for harboring indentured servants.
Sentencing
In United States v. C.R., 09 CR 155 (Sept. 26, 2013), Judge Weinstein commented on the “unnecessary cruelty” of a five-year statutory minimum sentence of a young offender for accessing child pornography through an automatic file-sharing computer program. The court made its remarks in ordering resentencing after the U.S. Court of Appeals for the Second Circuit held that the original sentence had to be increased by 30 months to conform with the statutory minimum.
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