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June 23, 2006

Sambath Pho resentenced

A helpful reader reports that my post today on a recent YLJ comment on US v. Pho and post-Booker crack sentencing is quite timely: as detailed here, the two defendants in that appeal were re-sentenced by Judge Torres today to higher terms of imprisonment.  Here are some details:

When Pho and Lewis came back for resentencing this morning, Torres told them that the only reason he had sentenced them below the guideline range was because he had used the 20-to-1 ratio, rather than the 100-to-1 ratio. "It would be dishonest of me, having already stated that except for the ratio the guideline range was reasonable, to come up with a pretext of why I now think the guidelines don't provide a reasonable context for your sentence," Torres said.  So Torres sentenced Pho to 87 months in prison, up from his original sentence of 64 months.  And he sentenced Lewis to 235 months in prison, up from 188 months.

June 23, 2006 at 05:11 PM | Permalink


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