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Sharpe Bruno Sentencing

Sharpe Bruno Sentencing

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Published by Casey Seiler

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Published by: Casey Seiler on May 10, 2010
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03/17/2012

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11UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF NEW YORK2---------------------------------------------UNITED STATES OF AMERICA34 -versus- 09-CR-295JOSEPH L. BRUNO6 Defendant.---------------------------------------------78 TRANSCRIPT OF
SENTENCING *EXCERPT*
 9held in and for the United States District Court,10Northern District of New York, James T. Foley United11States Courthouse, 445 Broadway, Albany, New York,12on THURSDAY, MAY 6, 2010, the HON. GARY L. SHARPE,13United States District Court Judge, Presiding.1415
 APPEARANCES:
 1617FOR THE GOVERNMENT:18United States Attorneys Office - NDNY19BY: ELIZABETH C. COOMBE, AUSA20BY: WILLIAM C. PERICAK, AUSA21FOR THE DEFENDANT:22Dreyer, Boyajian Law Firm23BY: WILLIAM J. DREYER, ESQ.24BY: APRIL M. WILSON, ESQ.25
BONNIE J. BUCKLEY, RPR, CRR UNITED STATES COURT REPORTER - NDNY 
 
UNITED STATES v BRUNO 09-CR-29 
21(In open court.)2(Excerpt.)3THE COURT: Thank you. As a businessman,4Mr. Bruno, you won't understand this as well as the lawyers5will, but there's a certain part of the sentencing advocacy6that has to do with the law. And when it has to do with the7law, then I need to make a legal ruling that doesn't cut to8the chase, which I will do. So while you're entitled to9hear this, ignore it because it really doesn't deal with the10issue of sentencing, but it deals with issues of fairness11and it deals, not just with you, but it deals with all the12defendants who have appeared before me in the past and all13the defendants who will appear before me in the future.14I have often said about the subject of15sentencing, regardless of what you think about me in that16regard, whether you think I'm too lenient, whether you think17I'm too harsh, whether you think I'm just right, every18defendant has a right to expect me to treat him equally with19everyone who appears before me. So there are some legal20issues that are before me that I need to resolve so that the21parties understand why I reach the point that I do in the22sentencing process. And that has to do with the advisory23guidelines and the scoring issues that were raised early on.24I have long said that -- I now have been in25this business 30 some years, so I go back to the days before
BONNIE J. BUCKLEY, RPR, CRR UNITED STATES COURT REPORTER - NDNY 
 
UNITED STATES v BRUNO 09-CR-29 
31there were a set of Sentencing Guidelines and I practiced2and judged during the days when there were a set of3Sentencing Guidelines. The difficulty is -- what goes on4from state to state is none of my business as a federal5judge. What Texas elects to do, what New York elects to do,6Rhode Island, Massachusetts. That's why we are a republic.7We got 50 sets of governments out there that are free to do8what they do. But people who appear in the federal system,9that's a unified system, it should make no difference10whether or not you rob a bank in Texas or you rob a bank in11Albany. That sentence that same federal robber receives in12Texas should bear some semblance to the sentence that the13robber in Albany receives. Congress recognized that there14was an extraordinary disparity out there between federal15judges in one part of the country or another. And their16reaction to that was to reign in the discretion of those17federal judges. Not to tell them they could or could not do18anything in a given case, but to put some guidelines out19there to try and orchestrate some consistency and some20fundamental fairness with defendants. And that's what the21guidelines are all about. I feared four or five years ago22now, I lose track, I'm getting old as well, it might have23been three or four, or four and five, that when the Supreme24Court, you had the perfect marriage between the right and25the left and constant complaints by judges under the cloak
BONNIE J. BUCKLEY, RPR, CRR UNITED STATES COURT REPORTER - NDNY 

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