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U.S. v. DOUGLAS

Docket No. 11-5384-CR.

713 F.3d 694 (2013)

UNITED STATES of America, Appellee, v. Cameron DOUGLAS, Defendant-Appellant, Kelly Sott, Eduardo Escalera, David Escalera, Defendants.

United States Court of Appeals, Second Circuit.

Decided: April 15, 2013.

Attorney(s) appearing for the Case

Paul L. Shechtman ( Nicholas M. De Feis , Allison S. Menkes , De Feis O'Connell & Rose, P.C., New York, New York, on the brief), Zuckerman Spaeder LLP, New York, New York, for defendant-appellant.

Justin Anderson ( Katherine Polk Failla , Assistant United States Attorney, on the brief), Assistant United States Attorney, for Preet Bharara, United States Attorney for the Southern District of New York, New York, New York, for appellee.

Daniel N. Abrahamson , Theshia Naidoo , Tamar Todd , Drug Policy Alliance, Berkeley, CA, for amici curiae New York Society of Addiction Medicine, American Academy of Addiction Psychiatry, California Society of Addiction Medicine, American Association for the Treatment of Opioid Dependence, Center for Prisoner Health and Human Rights, Osborne Association, National Alliance for Medication Assisted Recovery, Exponents, The Legal Action Center, International Doctors for Healthy Drug Policy, Dr. Robert G. Newman, Dr. Beny Primm, Dr. David Lewis, Dr. Josiah D. Rich, Dr. Joshua Lee, Dr. Ernest Drucker, Dr. Joyce H. Lowinson, Dr. Sharon Stancliff, Dr. Peter Banys, Dr. Bruce Trigg, Dr. Carl Hart, Dr. Daliah Heller, and Dr. Herman Joseph, in support of defendant-appellant.

Judge CALABRESI concurs in the majority opinion and in a separate concurring opinion.

GERARD E. LYNCH, Circuit Judge:

This case requires us to decide whether a significantly above-guidelines sentence may be imposed in view of earlier sentencing leniency that turns out, after the fact, to have been unjustified. We conclude that above-guidelines sentences must be justified by reference to specific reasons that place the case outside the run of ordinary cases, and that the further the sentence departs from the typical sentence imposed for the conduct...

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