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May 13, 2008

New(?) Eleventh Circuit ruling affirms two above-guideline sentences

As now reported by the local press and in the blogosphere, the Eleventh Circuit in US v. Williams, No. 07-12526 (11th Cir. Mar. 20, 2008) (available here), has "upheld the conviction and eight-year prison sentence of a former Coca-Cola Co. secretary found guilty of conspiring to steal trade secrets from the world's biggest beverage company."  Ellen Podgor's post summarizes sentencing highlights from Williams:

Williams received [an above guidelines] 96-month sentence, in sharp contrast to a sentence given to an individual who plead guilty and received a 24-month sentence.  The 11th Circuit held that giving enormous weight to one factor — in this case the seriousness of the offense — does not mean the sentence is unreasonable.

One interesting curiosity from this opinion is that it is dated March 20, but was only released this week.  There must be an interesting story as to why this high-profile ruling languished behind a virtual Eleventh Circuit file cabinet somewhere, but Howard Bashman is surely more qualified than me to figure out this appealing mystery.

May 13, 2008 at 02:00 PM | Permalink


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Not an exciting mystery unfortunately - it was already available since March as a non-published opinion, and the Court just granted the US's motion to publish it.

Posted by: Sam Heldman | May 13, 2008 2:19:43 PM


Posted by: Doug B. | May 13, 2008 4:32:23 PM

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