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September 25, 2012

Not much for sentencing fans (or Rubashkin supporters) in latest SCOTUS cert grants

As reported here by SCOTUSblog, the "Supreme Court, preparing to open a new Term next Monday, on Tuesday granted review of six new cases." Disappointingly, though the Court did take up a Fourth Amendment blood testing issue concerning drunk drivers in Missouri v. McNeely, none of the other cases I noted in this recent post are on the grant list.  There is also an notable IFP grant in Millbrook v. US concerning the federal government's immunity in lawsuit by a federal prisonder subject to sexual assault by three guards.

A long list of cases in which cert was denied will not be released until next Monday. In all likelihood, the Rubashkin case will be on that list. If so, any and everyone aggrieved by the prosecution and sentencing in Rubashkin will need to turn their attention and energies toward a 2255 petition (or, I suppose, a clemency application).

Related posts on the Rubashkin case:

September 25, 2012 at 10:19 AM | Permalink


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The "supporters" of Mr. Rubashkin, have complete blinders on their ears and eyes. Simply stated this man, contrary to the "wishful" thinking of his blinded army of followers, was fully guilty. His criminal activity reached beyond simple conspiracy. The list of tangents of his guilt include hiring of illegal and legal and undocumented aliens, failure to meet his tax obligations, and finally failure to those he hoodwinked to build an empire. Look at the mess he left. He failed his family and his faith--like Jonathan Pollard. His so called supporters need to wake up to the fact that in our country Justice reaches all and it does not matter what garb you wear or who you want to look like and it does not matter what good your own cause may do. That does not erase the crime.

Mr. Rubashkin will have plenty of time now to consider the damage of his actions and if he is smart will have an opportunity to leach out any remaining arrogance. It is time to move on.

Posted by: Michael Luchessee, business owner | Mar 23, 2013 7:43:16 AM

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