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January 11, 2005

In other sentencing news

Though, yet again, there is no sentencing news from SCOTUS, there are recent developments in a number of other on-going sentencing dramas. 

In the death penalty arena, there is news from Connecticut and from California that legal efforts to block executions scheduled for later this month are not succeeding.  This article from the Hartford Courant reports on two courts rejecting efforts to slow down the march of "volunteer" Michael Ross to the death chamber, and this article from law.com details the rejection of a novel legal claim by Donald Beardslee by a US District Judge in California.

In the arena of federal sentencing, this article details an on-going battle between the Sixth Circuit and US District Judge Tom Varlan over the sentencing of an elderly man caught selling guns at a flea market.  The article is focused on the Sixth Circuit's ruling last week in US v. Allman, No. 04-5313 (6th Cir. Jan. 6, 2005), in which the Court finds no valid basis for the large downward departure granted by the district court.  (Note that this is not the same case previously discussed here also involving an inter-court feud over the sentencing of a severely ill man in his 80s, although both defendants are among the 23 East Tennessee men — known in court circles as "the geriatrics"  — nabbed by the ATF in an undercover operation.  It seems clear from these cases that everyone should be sure to tell their grandparents not to expect any sentencing breaks in the Sixth Circuit.)

January 11, 2005 at 10:38 AM | Permalink


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