# United States v. Charles Baker

> Court of Appeals for the Second Circuit · November 7, 1973 · 487 F.2d 360

URL: https://www.frixlaw.com/law-library/cases/9460024

## Case

- **Full name:** UNITED STATES of America, Appellee, v. Charles BAKER, Appellant
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** November 7, 1973
- **Citations:** 487 F.2d 360; 1973 U.S. App. LEXIS 7144
- **Precedential status:** Published
- **Opinion:** Concurrence by Kaufman
- **Judges:** Kaufman, Lumbard, Timbers
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9460024

## How later opinions describe it (automated extraction)

- recognizing the impropriety of employing a rigid sentencing policy as opposed to approaching each defendant as an individual, but concluding that the defendant’s argument took the sentencing judge’s words out of context

## Opinion text

IRVING R. KAUFMAN, Chief Judge
(concurring):
My dissenting brother has taken this opportunity to express at some length his condemnation of uniform or mechanical sentencing policies, while noting with approval the goal of individualized sentencing. Were it not for the facts of this ease, I would not hesitate to join in Judge Lumbard’s opinion for there can *362 be no dispute with his statement of elementary principles which are to govern every sentence. But, his exposition of the philosophical underpinnings of sentencing policy must not obscure the requisite analysis of the facts before us. Thus, for the reasons stated in the opinion of my brother Timbers, I am of the view that Judge Wyatt did not, in fact, follow a uniform sentencing policy for selective service cases, nor did he fail to consider Baker’s violation in the context of the particular circumstances in which it was committed. Accordingly, I join Judge Timbers in affirming the judgment of conviction.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9460024. Public record. Not legal advice.