Should Anyone Care that Sexual Assault is “Out of Character” for Biden?

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers what people mean when they say that a sexual assault allegation seems “out of character” for a particular person and explains why that reasoning is logically flawed. Focusing on differences between how people behave publicly and privately, Colb argues that the lack of an observed pattern of sexual misconduct is not evidence that a person did not engage in sexual misconduct on a specific occasion.

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United States v. Richardson

Docket: 19-412

Opinion Date: May 5, 2020

Judge: Menashi

Areas of Law: Criminal Law

The Second Circuit affirmed defendant's conviction for distribution and possession with intent to distribute a controlled substance. The court held that the district court did not procedurally err by applying the career offender sentencing enhancement pursuant to USSG 4B1.1 because defendant's prior convictions of conspiracy to distribute a controlled substance in violation of 21 U.S.C. 841(a)(1) and 846, and attempted criminal possession of a controlled substance in violation of N.Y. Penal Law 220.16(1), qualify as controlled substance offenses, as defined in USSG 4B1.2(b). The court also held that the district court did not substantively err in sentencing defendant, because it properly considered his criminal history and accounted for his need for mental health and substance abuse treatment.