Chatigny was nominated by President Barack Obama to a seat on the United States Court of Appeals for the Second Circuit.

We believe that he is a fair minded and impartial judge, who has appropriate fitness and temperament for the appellate court.... We believe that a close examination of Judge Chatigny's record in sentencing federal criminal defendants shows that he is appropriately sensitive to the facts of the person before him and the rights of victims of the crimes that have been committed.

"[6] A May 26, 2010 Washington Times editorial enumerated 1) that Chatigny served as co-counsel for director Woody Allen when he unsuccessfully complained against a prosecutor who had publicly stated he had probable cause grounds for Allen's reportedly abusing a minor stepchild; 2) that Judge Chatigny was reversed by the U.S. Supreme Court in 2001 "when the judge tried to rule against one aspect of his state's sex-offender registry"; 3) that the sentences imposed by Judge Chatigny in 12 child-pornography cases were "either at or more lenient than the recommended minimum - with most downward departures involving sentences less than half as long"; and 4) that, in the Ross case, Judge Chatigny "threatened to take away an attorney's law license if the lawyer failed to appeal the death sentence of an eight-time murderer of girls and young women.

"[7] He gained national attention in 2005 when he delayed the execution of Michael Bruce Ross in order to determine if he was competent to waive challenges to his death sentence and potentially prevent a violation of the Eighth Amendment's prohibition on cruel and unusual punishment.

The prosecution filed a complaint against Judge Chatigny that was dismissed by the Second Circuit Judicial Council in a 24-page decision on July 26, 2006.

An analysis by the Sentencing Commission for Fiscal Years 2005-9, provided by Judge Chatigny, place his departure rate "in line with the average for the District of Connecticut as a whole.