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April 29, 2007

Petition for rehearing in US v. Lett

I noted here the Eleventh Circuit's decision earlier this month in US v. Lett in which a panel, relying on a suspect application of Rule 35(a), ordered the imposition of a 60-month sentence based essentially on a technicality.  Along with Douglas Cole of Jones Day here in Columbus, I have taken on Pat's case and on Friday we filed a petition for rehearing.  That petition, which seems especially timely in light of the US Sentencing Commission's new attack on the crack sentencing rules (basics here), can be downloaded below. 

Download lett_petition_427_stamped_copy.pdf

Some related posts on the Lett case:

April 29, 2007 at 05:04 PM | Permalink

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Comments

Best of luck with this case. I cannot believe the government would even appeal. If it is clear that the Defendant is safety valved why would the government (who is suppose to be seeking justice) want a mandatory minimum incorrecly applied?

Posted by: Michael Hadley | Apr 29, 2007 8:11:57 PM

That's the point here -- it's not clear whether he is safety valved -- thus not "plain error"

Posted by: LonesomeClerk | Apr 30, 2007 8:09:28 AM

Excellent work.

Mark

Posted by: Mark | Apr 30, 2007 11:21:54 AM

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