U.S. v. DOE

Docket No. 02-1362.

348 F.3d 64 (2003)

UNITED STATES of America, Appellee, v. John DOE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 29, 2003.


Attorney(s) appearing for the Case

Avrom Robin for Defendant-Appellant John Doe.

Burton T. Ryan, Assistant United States Attorney, (for Roslyn Mauskopf, United States Attorney for the Eastern District of New York; Peter Norling, Assistant United States Attorney, of counsel) for Appellees.

Before: WALKER, Chief Judge, CALABRESI, Circuit Judge, and KORMAN, District Judge.


PER CURIAM.

In United States v. Campo, 140 F.3d 415 (2d Cir.1998), we vacated a sentence imposed by Judge Platt because he had refused to exercise his informed discretion in considering an application by the United States Attorney for a downward departure. The record indicated clearly that Judge Platt refused to depart downwardly because the United States Attorney had not recommended a downward departure to a specific sentence...

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