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December 3, 2005

Interesting Olis developments

As detailed in this AP article, Jamie Olis, the former Dynegy executive whose 24-year federal sentence case was reversed by Fifth Circuit's about a month ago (prior coverage here and here), was back in court on Friday.  Here are some interesting details from the court appearance:

US District Judge Sim Lake ... said Friday he would re-sentence Olis on Jan. 5, alongside two other former Dynegy executives who pleaded guilty to conspiracy in the scheme, Gene Foster and Helen Sharkey.

Olis' appeal lawyer, David Gerger, had asked the judge to allow Olis to be released from prison pending a re-sentencing. Lake instead offered to order that Olis be temporarily transferred to a federal lockup in downtown Houston from the Oakdale, La., facility where he is housed until the hearing. "My inclination is not to release him to the free world," Lake said.

Foster, Olis' former boss, and Sharkey, a former in-house accountant, pleaded guilty to conspiracy in August 2003 for their roles.  Foster testified against Olis and implicated other former Dynegy executives -- including former finance chief Rob Doty -- but no one else has been charged.  Foster and Sharkey face no more than five years in prison and will be sentenced Jan. 5 as well.

Judge Lake's comment and decision not to release Olis is notable given that Jamie Olis has already served 18 months in prison.  (Recall that some are advocating that Olis now be sentenced to time served.)  In addition, scheduling the re-sentencing of Olis along with the sentencing of Foster and Sharkey adds an interesting set of new dynamics in what was already shaping up to be a very interesting Booker resentencing.  I especially wonder what the government will be recommending for each of these defendants.

December 3, 2005 at 12:24 PM | Permalink


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Lake is known as a 'hanging judge'. His refusal to liberate Olis suggests it is doubtful that he will be sentenced to time served.

Posted by: Marc Shepherd | Dec 3, 2005 12:45:15 PM

What is it with this judge? This same judge recently sentenced two people to 5 years each for admitting guilt in trading guns to terrorists for cocaine yet an accountant who did not personally profit and who was sent to the slaughter by his company and his collective bosses is not fit to see the light of day? Hmm.. is it really just standing up and fighting back that has everyone on the government's payroll in an uproar? Are they really just that focused on deterring anyone from telling the government they are wrong?

Posted by: FJO | Dec 4, 2005 1:35:46 AM

Reminder to fellow practitioners:

Be careful what you ask for. If you ask for resentencing under "advisory" guidelines, you just might end up in front of a strict judge.

Strangely enough, the Booker "remedial majority," which was supposed to be "lenient," probably created a system that will often have stricter sentences. The "remedial minority," led by Justice Scalia, knew that a Congressional fix would probably lead to more lenient sentences -- unless Congress passed a bunch of strict minimum sentences. Jury factfinding is the best way to help convicted criminals at sentencing, but most judges and legislators seem to fear that option more than any other. Go figure.


Posted by: Mark | Dec 19, 2005 1:20:40 PM

I think Lake is a racist deep inside.

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