This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. In a case involving a 15-year minimum sentence for possessing child pornography and sexually exploiting a child, Judge Jack B. Weinstein outlined the powerful mitigating circumstances of defendant’s background, adjourned sentencing, directed the parties to brief issues related to cruel and unusual punishment and possible sentencing alternatives, and ordered an evidentiary hearing.
Judge Raymond J. Dearie denied a claimant company’s motion for summary judgment in a civil forfeiture case. Judge Brian M. Cogan, on remand, ruled again for plaintiffs, finding a fraudulent transfer under the New York Debtor Law. And Judge Joseph F. Bianco declined to dismiss claims under the Fair Labor Standards Act that plaintiff’s employer did not properly accommodate her as a nursing mother.
Sentencing
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