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April 20, 2005

More examples of tough post-Booker sentences

News accounts of recent federal sentencings provides additional evidence that, as suggested here and here and here, there is little reason to fear that federal judges are consistently using their new discretion to "go soft" on federal offenders:

  • This story from law.com discusses the 14-year sentenced given to a former plaintiffs attorney "for stealing $2 million in settlement money from his clients"; the White Collar Crim Prof Blog comments on this sentence here.

  • This story from MSNBC discusses the 8-year sentence ($3.5 million restitution order) imposed upon an "aspiring physicist  ... [for] his role in a spree of arson and vandalism that targeted gas-guzzling Hummers and other sports utility vehicles."

  • This story from Tennessee provides a compelling report of a federal sentencing hearing which culminated in the imposition of a nearly 18-year sentence on a woman convicted to two armed robberies.

April 20, 2005 at 02:19 AM | Permalink

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Comments

I am the attorney on the Linda Cody case. I attended the Booker Training in LA on 2/25/05 and heard you speak. Excellent presentation, excellent seminar and excellent blog. My boss saw the blog on the Cody case, and it is interesting to see that others see even the 17.8 year sentence as harsh. Ms. Cody has been a special client that I strongly believed did not deserve any more than 10 years. I was able to use several ideas from the seminar to help my arguments at sentencing, including the sentencing commission's study on recidivism. I also provided documentation of psychological and employment records that truly showed that her conduct was a result of a multitude of factors. Though the sentence is long, she has returned to her once lost faith and will make the best of her situation and hopes to survive the incarceration to be released some day. If her case can be used in some way to convince Congress (who I also believe reads the blog) that additional legislation is not needed, she may have helped someone down the road. Thank you for your efforts. The legal community appreciates your work.

Posted by: Nikki C. Pierce | Apr 20, 2005 10:44:24 AM

I am the attorney on the Linda Cody case. I attended the Booker Training in LA on 2/25/05 and heard you speak. Excellent presentation, excellent seminar and excellent blog. My boss saw the blog on the Cody case, and it is interesting to see that others see even the 17.8 year sentence as harsh. Ms. Cody has been a special client that I strongly believed did not deserve any more than 10 years. I was able to use several ideas from the seminar to help my arguments at sentencing, including the sentencing commission's study on recidivism. I also provided documentation of psychological and employment records that truly showed that her conduct was a result of a multitude of factors. Though the sentence is long, she has returned to her once lost faith and will make the best of her situation and hopes to survive the incarceration to be released some day. If her case can be used in some way to convince Congress (who I also believe reads the blog) that additional legislation is not needed, she may have helped someone down the road. Thank you for your efforts. The legal community appreciates your work.

Posted by: Nikki C. Pierce | Apr 20, 2005 10:45:57 AM

Thanks for the nice and encouraging comments, Nikki. It's funny that you suggest Congress reads this blog the day after Tom DeLay excoriated Justice Kennedy for doing research on the Internet.

Posted by: Doug B. | Apr 20, 2005 11:19:49 AM

Good luck Nikki. And it sounds like Delay is a dinosaur who's time will shortly come.

Posted by: digit | Apr 20, 2005 11:59:22 AM

My father is David Vasquez Jr. and he was resentenced post booker and his sentence was raised to 48 months from 41 months by a Southern District Federal Judge Randy Crane. We as the family feel that is unjust to resentence him based on guidelines not in affect.

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