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18 ■ JUNE 7, 2021 NEWS

■ From 2ND CIRCUIT on PAGE 17 He sentenced Trimm last June
under the 15-year minimum in to five years in federal prison.
the case of Hillary Trimm. The Second Circuit panel, how-
According to the decision, ever, said Wednesday that there
Trimm pleaded guilty to con- The panel said U.S. District was “no evidence” to support
spiring with another defendant, Judge David N. Hurd of the Hurd’s findings of unconstitution-
Stacey LaPorte Jr., to make vid- Northern District of New al motive or bad faith on the part
eos of Trimm performing acts on York had no legal basis for of the government. The case, the
her infant daughter. According panel said, underscored that the
to the decision, Trimm provid- compelling prosecutors to district court’s authority to impose
ed substantial assistance to the file a motion for a reduced a sentence below the statutory
government, helping to secure a sentence based on the minimum, based on a defendants
95-year prison sentence for La- defendant’s cooperation. cooperation, was limited.
Porte. “The government’s refusal to
Prosecutors filed a motion in make a § 3553(e) motion based
Trimm’s case for a downward on its valuation of Trimm’s
departure from her guideline sen- cooperation was not an uncon-
tence of 30 years, but declined to stitutional act,” the judges said.
pursue a sentence below the 15-year statutory mini- “Section 3553(e) gives the government a power, not
mum. a duty, to permit a district court to depart from a
Hurd nevertheless “deemed” that the government mandatory minimum based on a defendant’s sub-
had made the § 3553(e) motion, and sentenced Trimm stantial assistance,’” the judges said.
to 7 1/2 years in prison. The Second Circuit vacated The panel included Chief Judge Debra Ann Liv-
that sentence in 2019, finding that Hurd was “with- ingston and Judges Dennis Jacobs and Steven J.
out authority” to impose a lighter sentence, absent any Menashi.
findings of unconstitutional motive or bad faith. It was not immediately clear which judge would
On remand, Hurd granted Trimm’s motion to com- be assigned to the case for sentencing. ■
pel prosecutors to file the motion, finding, in part,
that the government’s refusal was meant to “reduce Tom McParland of New York Law Journal can be
this court’s discretion to depart from the govern- contacted at [email protected]. Follow him on
ment’s notion of the appropriate total sentence.” Twitter @TMcParlandALM.

Circuit Panel Grants Rehearing

Over Anti-Abortion Protesters

By Tom McParland
panel of the U.S. Court of Appeals for the Sec- The move, announced Tuesday, could jeopar-
ond Circuit has agreed to rehear arguments dize New York Attorney General Letitia James’
A in a case that revived a state lawsuit targeting ongoing efforts to sue the demonstrators in feder-
anti-abortion protesters outside of a Queens medical al court for allegedly harassing and intimidating
clinic, vacating an earlier opinion that ruled against patients during weekly protests that date back to
the demonstrators. 2012.

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