May 22, 2006
Olis loses appeal of denial of bail pending resentencing
Adding another minor chapter in the sad saga of the sentencing dynamics surrounding Jamie Olis, this evening the Fifth Circuit rejected Olis's appeal of his denial of bail pending resentencing. In US v. Olis, No. 06-20103 (5th Cir. May 22, 2006) (available here), the Fifth Circuit ultimately concludes that "Olis fails to overcome the presumption against release pending resentencing."
Some Olis background:
- Resentencing for Jamie Olis (but not for his co-conspirators) postponed
- Will it be a happy new year for Jamie Olis?
- Government arguing for 15+ years for Jamie Olis
- Attorneys for Jamie Olis urging a 5-year cap for resentencing
- Jamie Olis sentence overturned by the 5th Circuit!
- Media coverage of reversal of Olis sentence
- Interesting Olis developments
- Potent commentary on Olis case
- Are the federal guidelines too tough on white-collar offenders?
May 22, 2006 at 09:28 PM | Permalink
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» Jamie Olis' nightmare continues from Houston's Clear Thinkers
The ever-alert Doug Berman notes that, in an expected decision, the Fifth Circuit Court of Appeals has denied Jamie Olis' appeal of U.S. District Judge Sim Lake's denial of Olis' motion for release pending the Judge's re-sentencing of Olis after... [Read More]
Tracked on May 23, 2006 9:48:19 AM
This is absolutely ridiculous. It is ironic that the 5th Circuit cites a case stating "[We] will not interpret a statute in a fashion that will produce absurd results" and still uphold this absurd position that punishes Mr. Olis stating he "borrowed" $300 Million as if this was a personal criminal act for personal profit. This is government in cahoots with other branches of government and whether it is a prosecutor or congressman or judge, it is the same absurdity and an innocent citizen who is falsely accused (especially of
business conspiracy at a Fortune 500 company)has no reasonable recourse but to plead guilt and hope for the government's collective mercy. Booker/Blakely who? Government still pulls the strings in this system and you either dance or you are done. How many times do they need to keep spelling it out for us in these judicial opinions before we all finally get it and stop pretending the system has anything to do with justice?
Posted by: FJO | May 23, 2006 6:30:05 PM
To borrow a line from Bill Clinton, I feel FJO's pain (and more importantly, Jamie Olis's too). However, there's no doubt in my mind that--on these facts--the Fifth Circuit's decision was the correct one. It wasn't even a close call.
We can thank Congress for legislating the Draconian sentencing scheme that we now have. Under that scheme, there is little doubt that Olis will be sentenced to more time than he has yet served, although presumably much less than the original 292 months. It is therefore clear that the District Court correctly denied bail.
Posted by: Marc Shepherd | May 24, 2006 2:03:46 PM