Tuesday, September 20, 2011

Second Circuit -- United States v. Elbert

When deft's counsel files Anders motion and there are no non-frivolous issues for appeal, remand is not required if sentence departs downward from guidelines without explanation.  Game over.


Gov't had filed motion for summary affirmance.



United States v. Elbert
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.