2nd Circuit Removes Judge From Case for Repeated Refusal to Document Sentence Grid Departure

A federal appeals court on Thursday sharply criticized Western District of New York Judge John T. Elfvin and removed him from a case. The 2nd Circuit said that the judge showed a "pattern of behavior" that was "disturbing evidence of willfulness" by failing to state his reasons for departing from sentencing guidelines and failing to give notice of his intention to depart. It was the third case in two years in which the circuit ordered reassignment from Elfvin, all three involving sentencing decisions.

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