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 Edward R. Korman reduced the sentence of a man serving the second of two prison terms, despite the government’s opposition. Judge Jack B. Weinstein explained the reasons for imposing seven years of strict supervised release, rather than a jail term, for possessing child pornography. Judge Denis R. Hurley rejected defendant’s post-sentence request to amend her Pre-Sentence Report with information contradicting her pre-sentence submissions. And Judge Allyne R. Ross declined to transfer venue to the Southern District.
Sentence Reduction
In United States v. Scarpa, 94 CR 119 (EDNY, Jan. 4, 2016), Judge Korman granted the Rule 35 application of Gregory Scarpa, Jr.—who is currently serving the second of two lengthy prison terms—to reduce his sentence based on his “substantial cooperation” in 2005 while he was serving one of those prison terms. Korman reduced Scarpa’s sentence by 10 years, despite the government’s refusal to move for a sentence reduction under Rule 35(b), F.R. Crim. P., which provides for a reduction based on a defendant’s “substantial cooperation” after imposition of sentence.
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