Posted on 12/27/2019 7:46:36 PM PST by karpov
A U.S. federal appeals court on Friday ordered the resentencing of a Staten Island, New York man for attempting to provide material support to Islamic State and kill an FBI agent, saying his 17-year prison term was “shockingly low.”
The 2nd U.S. Circuit Court of Appeals in Manhattan said Fareed Mumuni’s trial judge abused her discretion in imposing a term that was 80% below the 85 years recommended by federal guidelines, and even below the 18-year term for co-defendant Munther Omar Saleh, who was not accused of attempted murder.
In a 2-1 decision, the court said U.S. District Judge Margo Brodie improperly second-guessed whether Mumuni, 25, intended to kill FBI Special Agent Kevin Coughlin in June 2015 by stabbing him repeatedly with an 8-inch kitchen knife in Mumuni’s home.
It also said Brodie gave too much weight to mitigating factors such as Mumuni’s age, his lack of a prior criminal record and support from family and friends.
Such errors “caused the district court to render a sentence that is shockingly low and unsupportable as a matter of law,” Circuit Judge Jose Cabranes wrote for the majority.
Mumuni’s lawyer did not immediately respond to requests for comment. A spokesman for U.S. Attorney Richard Donoghue in Brooklyn, whose office appealed the sentence, declined to comment.
Coughlin survived the attack.
(Excerpt) Read more at reuters.com ...
Isn’t the 2nd one of the courts Trump flipped to a majority republican appointed? I know this judge Jose Cabranes was appointed in 1979.
Who could have guessed that?
Judge Margo K. Brodie
United States District Court Judge for the Eastern District of New York
Born 1966 in St. John`s, Antigua
Federal Judicial Service:
Judge, U.S. District Court, Eastern District of New York
Nominated by Barack Obama on June 7, 2011, to a seat vacated by Allyne R. Ross. Confirmed by the Senate on February 27, 2012, and received commission on February 29, 2012.
Education:
St. Francis College, B.A., 1988
University of Pennsylvania Law School, J.D., 1991
“Kitsy” was appointed by BHO, what a surprise ...
Professional Career:
Assistant corporation counsel, Real Estate Litigation Division, New York City, 1991-1994
Private practice, New York City, 1994-1999
Assistant U.S. attorney, Eastern District of New York, 1999-2012; deputy chief, general crimes, 2006-2007; chief, general crimes, 2007-2009; counselor, Criminal Division, 2009-2010; deputy chief, Criminal Division, 2010-2012
Given name at birth: Margo Kitsy Williams
THIS is why Trump judges are extremely important and why Gitmo needs to stay open.
Something is upside down
Here are two guys sentenced for armed robbery -1 count each - Class X felony - 18 years and 16 years...
https://www.buglenewspapers.com/story/2019/12/19/news/second-of-two-men-sentenced-to-16-years-for-armed-robbery/835.html
Had they came before Judge Brodie, probably got 10 hours of community service...
I wonder if a Repub Rep. would have guts to ask for an impeachment inquiry for Margo Kitsy Brodie. (s/off)
No indication she’s U.S. citizen.
Interesting here: https://attorneyindependence.blogspot.com/2017/05/how-federal-judge-margo-k-brodie.html
When the quest for diversity supersedes the mandate of competence you get, obama judges.
Yes!
to put this in perspective- a man was just sentenced to 16 years in prison for burning a flag-
Then what would you say about the judge who reversed her?
Jose Alberto Cabranes
Born 1940 in Mayaguez, Puerto Rico
Federal Judicial Service:
Judge, U.S. District Court for the District of Connecticut
Nominated by Jimmy Carter on November 6, 1979, to a seat vacated by Jon O. Newman. Confirmed by the Senate on December 5, 1979, and received commission on December 10, 1979. Served as chief judge, 1992-1994. Service terminated on August 12, 1994, due to appointment to another judicial position.
Judge, U.S. Court of Appeals for the Second Circuit
Nominated by William J. Clinton on May 24, 1994, to a seat vacated by Richard J. Cardamone. Confirmed by the Senate on August 9, 1994, and received commission on August 10, 1994.
Other Federal Judicial Service:
Judge, Foreign Intelligence Surveillance Court of Review, 2013-present; presiding judge, 2018-present
Education:
Columbia University, A.B., 1961
Yale Law School, J.D., 1965
University of Cambridge, Queens’ College, M.Litt., 1967
Professional Career:
Supervisor in law, Queens’ College, University of Cambridge, England, 1966-1967
Private practice, New York City, 1967-1971
Associate professor of law, Rutgers University School of Law, 1971-1973
Special counsel, Gov. Rafael Hernandez Colon, Puerto Rico, Washington, D.C., 1973-1975
General counsel/director of government relations, Yale University, 1975-1979
Board member, Federal Judicial Center, 1986-1990
Did she think he was showing his love? Where do we get these judges from, the sewer?
Who filed the appeal? Seems odd to file something in your defense to only get an outcome that is worse than if you left it alone.
It looks like he was appointed by Clinton, not obama.
Margo empathizes with repeatedly stabbing a LEO. Black Judges Matter!
Appointed = Nominated
for this type of violation a judge should be impeached and removed from the bench.
This is a wild one.
Cabranes is a Peanut Boy/Rapin Bill judge.
John M. Walker [senior judge] is a Grabby Poppy judge.
The dissenter, Peter Walker, is a Smirking Chimp judge.
But, of course - this IS the Second Jerkoff Court of Schlemiels...
“Had they came before Judge Brodie, probably got 10 hours of community service...”
Might that depend on what race and/or religion they are? Or is she soft on everyone?
This is NOT the “Prime of Miss Brodie” any more. Her career should be toast if the Court of Appeals has any say to her court masters.
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