Sentencing/Post Conviction

100s of Court Orders in 2 Days Under New Crack Sentence Rules

Some 400 federal court orders reducing inmate sentences have been issued in the first two days since new rules took effect that eliminate a disparity in the penalties for powder and crack cocaine offenses. “A spokeswoman for the Federal Bureau of Prisons could not say how many prisoners have already…

Mar 5, 2008 11:58 PM CST

Md. Attorney and Assistant Charged in Asylum Fraud Case

A Maryland attorney and his legal assistant are facing criminal charges for allegedly submitting falsified paperwork to federal agencies on behalf of asylum clients and coaching them to falsify their testimony. Indicted last week in federal court were Patrick G. Tzeuton, 41, of Silver Spring and Henri Marcel Nzone (or…

Mar 5, 2008 9:55 PM CST

Retired Pa. Judge Gets Probation in Concealed Gun Case

A retired Pennsylvania judge has been put on probation after pleading no contest to carrying a concealed firearm without a permit during a fray with his father-in-law in November 2006. Senior District Judge Donald H. Presutti, 60, “told officials he had the gun loaded, cocked and concealed because he was…

Mar 5, 2008 6:42 PM CST

Longtime DA in Ga. Gets 6 Years in Payroll Scheme

A 24-year veteran district attorney in northeast Georgia was sentenced today to a six-year prison term for payroll fraud in which two other Piedmont Judicial Circuit employees, including his wife, allegedly were involved. Tim Madison, who resigned last year during an investigation by state authorities, also was sentenced to six…

Mar 5, 2008 1:21 AM CST

Supreme Court Refuses Appeal in Adelphia Case

The U.S. Supreme Court has refused to hear the accounting fraud appeal of Adelphia Communications founder John Rigas and his son, Timothy, the company’s former chief financial officer. The men had contended the government failed to prove they violated the generally accepted accounting principles in prosecuting and convicting them for…

Mar 3, 2008 5:02 PM CST

Closely Divided Va. Supeme Court Upholds First Felony Spam Conviction

The Virginia Supreme Court has upheld the country’s first felony spam conviction in a 4-3 ruling, holding that the state’s groundbreaking anti-spam law did not violate the First Amendment. The majority rejected free speech arguments by Jeremy Jaynes, regarded as the world’s eighth most prolific spammer before he was sentenced…

Mar 3, 2008 1:29 PM CST

Impertinent Invitation

Court Denies Appeal of Petulant Probationer Who Contested Contempt for Crass Comment

Mar 1, 2008 8:07 PM CST

Former Miami City Attorney Seeks $300K Severance Pay

After resigning as Miami’s city attorney earlier this month, at the same time that a misdemeanor plea agreement concerning his office expenses was announced, Jorge Fernandez is reportedly still hoping for a significant payday. An employment contract provision says he will be paid six months of severance, regardless of why…

Feb 29, 2008 9:52 PM CST

5th Circuit Slows Down BP Plea, Says More Victims’ Rights Info Needed

Weighing in on a contested plea bargain in a criminal case over a deadly 2005 explosion at a Texas City refinery owned by petroleum giant BP, the New Orleans-based 5th U.S. Circuit Court of Appeals has stopped the clock for now. Ruling on victims’ claims that they are entitled to…

Feb 29, 2008 5:57 PM CST

Life Outside Prison is Harder for Inmates Found Innocent

Thanks to DNA testing, a number of inmates convicted for crimes they didn’t commit are being released from prison. While happy to win their freedom, many are finding that they still have a long and difficult road to travel even though they’re no longer behind bars, reports Reuters. “As a…

Feb 29, 2008 4:35 PM CST

1 in 100 Behind Bars; Record High U.S. Incarceration Rate

One in 100 adults in the U.S. is serving time in prison right now, reportedly the highest incarceration rate ever. And it is even higher for members of certain minority groups: “One in 36 Hispanic adults is behind bars, based on Justice Department figures for 2006. One in 15 black…

Feb 28, 2008 9:29 PM CST

Legal Costs in Sen. Craig’s Restroom Case Near $250,000

Ongoing litigation over Sen. Larry Craig’s disorderly conduct plea last year in a case sparked by a restroom sting operation hasn’t come cheap. Total legal costs for both sides are now nearing $250,000, as the Republican senator from Idaho continues to seek a Minnesota appellate court ruling that he can…

Feb 28, 2008 8:45 PM CST

2 Child-Rape Victims, Now 19: Here’s How We Moved On With Our Lives

Two 10-year-old girls who made national news in the U.K. in 1999, when a convicted pedophile abducted and held them for four days, are now young women of 19. And, contrary to what many might have guessed, Lisa Hoodless and Charlene Lunnon have moved on with their lives with remarkably…

Feb 27, 2008 7:59 PM CST

Successful Jailhouse Lawyer Investigated for Unauthorized Practice

A “jailhouse lawyer” who persuaded the U.S. Supreme Court to hear a sentencing challenge by a fellow prisoner is being investigated for practicing law without a license. Michael Ray, a former paralegal who is in prison in connection with a fraudulent real-estate financing scheme, was in the news earlier this…

Feb 27, 2008 1:26 PM CST

Zacarias Moussaoui Asks to Withdraw Plea, Cites Secret Evidence

Convicted al-Qaida conspirator Zacarias Moussaoui has asked a federal appeals court to allow him to withdraw his guilty plea because his lawyers were barred from sharing exculpatory information with him. Moussaoui says the trial judge, Leonie Brinkema, made two mistakes that hurt his defense, Adam Liptak writes in his Sidebar…

Feb 26, 2008 2:09 PM CST