Adelson Redux

United States v. Adelson, Nos. 06-2738-cr(L), 06-3179 (XAP) (2d Cir. Aug. 16, 2007) (found here)

As set forth in this detailed post, Judge Rakoff imposed a 41 month sentence on Richard Adelson notwithstanding a Guidelines offense level that indicated lifetime imprisonment.  The decision remains a "must read."  If you haven't checked it out, you should.

Adelson appealed his conviction and the Government cross-appealed on the sentence.  What did the Second Circuit do?  It punted -- to wit, it reserved judgment on the Government's cross-appeal pending the outcome of the Supreme Court's decision in United States v. Gall, which will be heard next term.  (If, however, Gall is not decided by the end of the year, the Second Circuit generously granted the parties permission to request reconsideration of its decision to hold the cross-appeal.)

This is a supremely disappointing result on at least two fronts.  From Adelson's viewpoint, he has to go to prison not knowing how long he'll be there -- 41 months or, potentially, the rest of his life.  It must be awful to walk in his shoes.  From a jurisprudence perspective, what does this mean for sentencing appeals in the Second Circuit?  Will it punt on all substantial sentencing decisions while it waits for the Supreme Court to decide Gall?