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Wednesday, January 24, 2007

Reasonable? In United States v. Trupin, the Second Circuit considers the bounds of reasonableness after United States v. Booker. In Trupin, a tax evasion case, the District Court (Judge McKenna) imposed a seven-month sentence, an 80% reduction from the botton of the applicable Sentencing Guidelines range. Trupin had engaged in a multi-year, multi-million dollar tax evasion scheme. The issue before the Second Circuit was whether this was reasonable.

The Court found that the sentence was not reasonable. It held that the District Court had failed to properly weigh all of the sentencing factors enumerated in 18 U.S.C. 3553(a) and that the record id not adequately support those factors on which the district court did rely. The case was remanded to the District Court for resentencing.

The decision can be found here.

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