Posted on 06/03/2009 8:04:44 AM PDT by greatdefender
WASHINGTON — The Supreme Court will not look into the case of an illegal gun dealer who was given a longer prison term because the guns were destined for New York City.
The high court on Monday refused to hear an appeal from Gerard Cavera, an Army veteran in his 70s who got six months more than federal sentencing guidelines recommended for being an illegal gun dealer.
Judge Sonia Sotomayor, who last week was nominated to the high court, took issue with her colleagues on the 2nd U.S. Circuit Court of Appeals who upheld the sentence. Sotomayor said in a lengthy dissent that only in rare instances should trial judges set prison terms that are outside the federal guidelines.
(Excerpt) Read more at idahostatesman.com ...
Now if Mr. Cavera had been Mr. Smith, would she have made the same pronouncement??
This article is missing a lot of detail.
who did he sell to. it is not illegal to sell guns, why was what he did illegal. Why should the population density of an area guns are going to any business of the govt.
The rest of the story could convince to me that this guy was a dirt bag, but it is not in this story. Sotomayor seems to be right in not giving more time to this individual, though I have a feeling it is not for constitutional reasons, but for self serving reasons.
I suspect she was entirely right here. And that’s the point. This is revealed to allay fears about her other Second Amendment stances. No sale...
She has stated that the Second Amendment does not apply to individual citizens. She is wrong.
I don’t want her anywhere near the SCOTUS.
Out side is caving as we speak. Alas, the fate of just about every worthwhile fight presented to the right over the last 20 years.
Could Gerard Cavera be Hispanic?
The guy is in his 70s, and a diabetic, so 2 years is pretty harsh. I can’t find any more details, either, except that this was a sting operation and I THINK he got the extra sentence for selling into an urban area—New York. Also, perhaps the sting agents posed as mobsters? That’s speculation.
His name is Gerard Cavera. To me that name sounds half anglo and half Latino. Again that’s speculation. But I wonder if she argued for a lighter sentence because he’s Latino? Nothing to go on unless somebody does some digging.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.