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

A federal appeals court on Thursday peremptorily criticized Western quarter of late York Judge John T. Elfvin and removed him from a case. The 2nd course said that the judge showed a "pattern of behavior" that was "alarming suggestion of willfulness" by failing to state his reasons for departing from sentencing guidelines and failing to prompt notice of his design to depart. It was the third case in two years in which the perimeter ordered reassignment from Elfvin, all three involving sentencing decisions.