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January 4, 2006

Attorneys for Jamie Olis urging a 5-year cap for resentencing

As detailed in this AP story, new papers flied by Jamie Olis' lawyers in preparation for his resentencing tomorrow argue "that a sentence exceeding five years is not 'necessary,' while less would be 'sufficient.'"  Of course, this perhaps peculiar phrasing comes straight from Congress' command in 3553(a) that a federal sentencing judge impose "a sentence sufficient, but not greater than necessary, to comply with" the traditional purposes of punishment.

Last month, as noted here, the government filled its resentencing memo urging a guideline sentence of at least 188 months.  And a few days ago, I posted here some of the earlier Olis filings, in which lawyers for Olis had avoided proposing a specific sentence but argued generally against the need for a significant prison term.  In that post, I also predicted (and continue to predict) that Judge Sim Lake will impose a new sentence of around 5 to 7 years and that another round of appeals from the resentencing is perhaps inevitable.

Related posts:

UPDATE:  As explained in this post, the Olis resentencing will not be until later this month.

January 4, 2006 at 01:59 PM | Permalink

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Listed below are links to weblogs that reference Attorneys for Jamie Olis urging a 5-year cap for resentencing:

» Jamie Olis resentencing hearing postponced from Houston's Clear Thinkers
The long-awaited resentencing hearing in the sad case of Jamie Olis that was scheduled to take place on January 5 has been postponed indefinitely to give U.S. District Judge Sim Lake time to review recently-filed materials in the case relating... [Read More]

Tracked on Jan 4, 2006 5:49:45 PM

» Jamie Olis resentencing hearing postponced from Houston's Clear Thinkers
The long-awaited resentencing hearing in the sad case of Jamie Olis that was scheduled to take place on January 5 has been postponed indefinitely to give U.S. District Judge Sim Lake time to review recently-filed materials in the case relating... [Read More]

Tracked on Jan 4, 2006 6:06:19 PM

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