Second Circuit reverses large downward departure

The Second Circuit today in US v. Canova, No. 05-6439 (2d Cir. May 8, 2007) (available here) reverses a large downward departure. Here is the opening paragraph of a lengthy and thoughtful opinion (written by one of my former bosses):

This sentencing appeal primarily concerns the reasonableness of a downward departure from a Sentencing Guidelines calculation and the reasonableness of the resulting sentence.  The Government appeals from the November 17, 2005, judgment by the District Court for the District of Connecticut (Alfred V. Covello, District Judge) resentencing the Defendant, John Canova, after a remand from this Court, to one year’s probation and a $1,000 fine. The Government contends that the District Court’s 15-level downward departure was unreasonable and that we should remand with instructions to impose a sentence of not less than 12 months.  We agree that a remand for resentencing is required, but decline to specify a minimum sentence.

Notably, Canova is remarkably guideline-centric, primarily because the district court apparently was intent to use guideline departure provisions, rather than the instructions of 3553(a), to justify a below-guideline sentence.  Because the Second Circuit does not address 3553(a) factors in this latest opinion, it would seem that the district court could yet again give its desired sentence by now relying on 3553(a) instead of traditional departure rationales.