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May 18, 2005

Reports on Booker resentencings

I have discussed in recent posts here and here some of the uncertainties concerning what exactly can and should happen during a post-Booker resentencing.  Today I see reports of two such resentencings which shed some interesting light on these matters:

  • This article from Guam discusses the resentencing of former Republican Sen. Marilyn Manibusan on charges of extortion, conspiracy, wire fraud, money laundering and bankruptcy fraud.  Interestingly, the sentencing judge reimposed the original 71-month sentence, stating "it would be unfair to increase her original sentence," even though the federal prosecutor apparently argued "that Manibusan should receive an increased sentence of at least 90 months."

  • This article from Hawaii discusses the resentencing of former City Councilman Andrew Mirikitani on charges of wire fraud, theft, bribery, extortion and witness tampering.  The sentencing judge here also reimposed the defendant's original sentence, which was 51 months, despite the defense's claims "that the 33 months [Mirikitani] has already served is 'sufficient, but no more than necessary' based on the facts of the case and his lack of criminal record."

May 18, 2005 at 12:39 AM | Permalink


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