It's Not Nice To Consider A Defendant's National Heritage At Sentencing

United States v. Kaba, Docket No. 05-3813-cr (2d Cir. March 8, 2007) (found here)

In a nutshell, Kaba appealed her 72 month sentence on the ground that the district court (Judge Owen) improperly considered and relied upon her West-African heritage during the sentencing proceeding.  The Second Circuit found that Judge Owen had, and that that reliance was improper.  Thus, the Second Circuit reversed and remanded Kaba for resentencing.  In doing so, the Second Circuit directed that the case be reassigned to a new district judge -- mirrowing its action in taking the Frank Quattronne case away from Judge Owen upon remand (discussed here).