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A plea for help in the 2d Circuit

Attorney Alex Eisemann wrote to me this evening to report that “by sheer luck, I believe I’m one of the two cases that will be the vehicle for the Second Circuit’s upcoming Booker decisions.”  (Background here)  Alex explains:

The panel hearing my case this morning — 2/3 of whom heard the companion case yesterday and consisting of Judges Leval, Straub and Katzmann — ordered me to respond to the attached letter brief from the Government (served at 5pm and received by me at 9pm today) by noon tomorrow (Thursday).  [This letter can be downloaded below.]

Assuming you find it appropriate, could you please post this ASAP and invite readers to comment and offer suggestions on it.  Any comments and suggestions must be in by 11:30am Thursday, if I’m to incorporate them and meet the noon deadline.  Please also ask people to be brief and to the point (unlike some of my own posts) and to write in “formal” style if possible, so I can cut and paste parts into my upcoming response.

I find posting this request appropriate — after all, last month, as detailed here and here, I used this space to help a victim’s family member develop a brief to support a death sentence.  Alex can be reached at aee@eisemannlaw.com

Download 2d_circuit_govt_letter_briefs.pdf