More on Pablon-Cruz

With thank to a favorite reader for the link, the New York Times today has this article discussing the Second Circuit’s remarkable recent ruling in US v. Pabon-Cruz, No. 03-1457 (2d Cir. Dec. 3, 2004).  As noted in my post here and in Howard Bashman’s coverage here, the Second Circuit in Pablon-Cruz determined that a (now amended) federal sentencing statute provides that a sentencing judge has authority in a child pornography case to impose a fine or a 10-year (or longer) imprisonment term, but nothing in between.

The full opinion in Pablon-Cruz merits attention not only for its thoughtful explanation of this ruling, but also because it reviews the efforts of US District Judge Gerard Lynch (also a likely nominee for my imaginary Sentencing Judges Hall of Fame) to inform juror about the sentencing consequences of a conviction.  (The Second Circuit last year disallowed Judge Lynch’s proposed jury instruction in a mandamus action brought by the government, and it reaffirms that decision in this latest Pablon-Cruz ruling.) The NY Times article merits a full read because it provides more of the factual and social stories surrounding this bizarre and sad case.