United States v. Carabello, No. 05-4293-cr (2d Cir. March 7, 2007) (found here)
In United States v. Wills (discussed here), the Second Circuit stated that "the plain language of 3553(a)(6) does not on its face restrict the kinds of disparity a court may consider" -- such as the disparity between the sentences imposed on co-defendants -- and that "[w]e do not, as a general matter, object to district courts' consideration of similarities and differences among co-defendants when imposing a sentence."
Now comes Carabello, in which the Second Circuit (in a footnote) seems to backtrack some. Specifically, the Second Circuit noted that "18 U.S.C.§ 3553(a)(6) was created to eliminate sentencing disparity on a national level and it is unclear whether this provision permits co-defendant comparisons."
Why the seemingly conflicting statements?