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March 17, 2005

Celebrity federal defendant update

As others have noted here and here, oral arguments in Martha Stewart's appeal were held this morning before the Second Circuit.  I think Martha would be entitled to a remand for resentencing on Booker grounds, though I suspect at this point she may only be seeking a reversal of her conviction.  Indeed, I wonder if sentencing issues were even raised at the oral arguments.

Of greater Booker excitement, the sentencing of former Connecticut Governor Rowland is scheduled for tomorrow, and this article reports that Rowland's lawyers have filed a sentencing memorandum requesting a sentence below the guideline range of 15-21 months of imprisonment.  (I'd love to know if the memorandum seeks a departure, a variance, or both.)  The article suggests that the government's sentencing memorandum to be filed later today may ask for a sentence greater than 21 months.

I pondered in this post earlier this week what sentence Rowland should get under Booker.  Most commentors predicted a within-range sentence.  Interestingly, this Hartford Courant editorial asserts that "[e]ven the maximum penalty of five years for the charge should be considered blessedly short" for Rowland.

UPDATE:  Thanks to this post from Kirby's Reports, I now know prosecutors are recommending that Rowland receive a sentence between 30 and 37 months.  It will be very interesting to see what District Judge Dorsey decides.

March 17, 2005 at 02:08 PM | Permalink

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Listed below are links to weblogs that reference Celebrity federal defendant update:

» Former Conn. Governor to Be Sentenced Friday from TalkLeft: The Politics of Crime
Former Connecticut Governor John Rowland will be sentenced today in federal court. It looks like he will be going to jail for some period of time. From Connecticut blogger Kirby's Report: With former Governor John Rowland set to be sentenced... [Read More]

Tracked on Mar 18, 2005 12:44:23 AM

» Former Conn. Governor to Be Sentenced Friday from TalkLeft: The Politics of Crime
Former Connecticut Governor John Rowland will be sentenced today in federal court. It looks like he will be going to jail for some period of time. From Connecticut blogger Kirby's Report: With former Governor John Rowland set to be sentenced... [Read More]

Tracked on Mar 18, 2005 12:46:22 AM

» Former Conn. Governor Sentenced - A Kiss from TalkLeft: The Politics of Crime
Bump and Update: Former Governor John Rowland got a kiss from the Judge today at his sentencing. The Judge sentenced him to 1 year and 1 day, which means it's a ten month sentence. Federal good time is 54 days... [Read More]

Tracked on Mar 18, 2005 7:12:49 PM

» Former Conn. Governor Sentenced - A Kiss from TalkLeft: The Politics of Crime
Bump and Update: Former Governor John Rowland got a kiss from the Judge today at his sentencing. The Judge sentenced him to 1 year and 1 day, which means it's a ten month sentence. Federal good time is 54 days... [Read More]

Tracked on Mar 18, 2005 7:15:58 PM

» Former Conn. Governor Sentenced - A Kiss from TalkLeft: The Politics of Crime
Bump and Update: Former Governor John Rowland got a kiss from the Judge today at his sentencing. The Judge sentenced him to 1 year and 1 day , which means it's a ten month sentence. Federal good time is 54... [Read More]

Tracked on Mar 18, 2005 7:18:22 PM

» Former Conn. Governor Sentenced - A Kiss from TalkLeft: The Politics of Crime
Bump and Update: Former Governor John Rowland got a kiss from the Judge today at his sentencing. The Judge sentenced him to 1 year and 1 day , which means it's a ten month (and change) sentence. Federal good time... [Read More]

Tracked on Mar 18, 2005 7:27:50 PM

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