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Harlan J. Protass, special counsel at O'Shea Partners and adjunct professor at the Benjamin N. Cardozo School of Law, writes that the Second Circuit's pre- Booker rejection of downward departures based on the disparity between the guidelines ranges applicable to codefendants should not apply to the post- Booker world in which nonguidelines sentences are available to avoid unwarranted sentence disparities among defendants who have been found guilty of similar conduct.
August 28, 2006 at 12:00 AM
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