Rickenbacker v. U.S.
Rickenbacker v. U.S., 365 F.Supp.2d 347 (E.D.N.Y. 2005). After pleading guilty to credit card fraud and being sentenced to 24 months of imprisonment, a defendant moved to vacate, set aside, or correct the sentence. The district court denied the motion. The court held that defense counsel was not deficient in failing to move for a downward departure of the defendant's sentence based on perceived hardships the defendant endured while being detained prior to sentencing. According to the court, the alleged substandard conditions, consisting of being served food that the defendant believed had been accessed by rodents, and not being provided with a fully stocked library, were not conditions that rose to the level that would warrant a downward departure. The defendant had been served bread that rodents had apparently partially eaten, and in one instance a mouse had created a tunnel inside of the bread. (Nassau County Correctional Center, New York)
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|Publication:||Corrections Caselaw Quarterly|
|Article Type:||Brief Article|
|Date:||Aug 1, 2005|
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