Court Supports Guidelines Sentences

Appeals courts may presume that a sentence within federal guidelines is reasonable, the U.S. Supreme Court has ruled. Such a presumption does not violate the Sixth Amendment right to a jury trial, said the main opinion by Justice Stephen G. Breyer. However, Breyer said the presumption is not binding, SCOTUSblog…

Jun 21, 2007 4:18 PM CDT

No Apology by Convicted Fashion Writer

A former fashion writer has been sentenced to a minimum of 18 years in prison for raping a colleague. Peter Braunstein made his first public statement about the crime before he was sentenced. He said the crime was motivated by “irrationality” and mentioned severe depression, the New York Times reports.…

Jun 19, 2007 2:50 PM CDT

White Lawyer Takes Misdemeanor Plea; Black Youth Faces 20-Year Prison Term

Their crimes, arguably, are quite similar. Both were accused of shooting at another person. Both say they didn’t. And, fortunately, nobody was seriously injured in either case. But the resulting punishment faced by two Florida men is quite different. A well-connected white former prosecutor has taken a misdemeanor plea, which…

Jun 19, 2007 2:31 AM CDT

Ex-Enron Executive Sentenced

The former CEO of Enron’s broadband unit was sentenced today to 27 months in prison for misleading investors. Kenneth Rice will also pay a $50,000 fine and forfeit more than $13 million in cash and property, the Houston Chronicle reports. He was accused of lying about the capabilities of the…

Jun 18, 2007 8:39 PM CDT

Activist Backs Plea in Teen-Sex Case

The attorney for a youth sentenced to 10 years in prison for consensual teen sex is battling with a community activist over defense tactics. The Rev. Markel Hutchins told reporters that attorneys for Genarlow Wilson should consider a plea deal, according to the Atlanta-Journal Constitution. But Wilson’s lead lawyer, B.J.…

Jun 17, 2007 11:14 PM CDT

Defendant Freed With Help of Ex-Wife

The ex-wife of a convicted murderer worked for 15 years to overturn his conviction, saying she took action because she knew he was innocent. The Wall Street Journal (sub. req.) chronicles Ana Ortega’s battle to win her husband’s release. He was convicted for the New York crime, she said, even…

Jun 15, 2007 5:56 PM CDT

Georgia Supremes Accept Teen-Sex Case

The Georgia Supreme Court has agreed to hear prosecutors’ appeal of a tossed sentence in a teen-sex case. On June 11, a state judge overturned a 10-year sentence for Genarlow Wilson, convicted for having consensual sex with a 15-year-old girl when he was 17. The court will hear the case…

Jun 15, 2007 3:28 PM CDT

Judge Refuses Stay of Libby Sentence

A federal judge says he will not delay a prison sentence for former White House aide I. Lewis “Scooter” Libby while he appeals his conviction for lying to investigators. U.S. District Judge Reggie B. Walton made the ruling today after revealing he had received threatening letters and calls following his…

Jun 14, 2007 8:07 PM CDT

No Girlfriend Allowed, Defendant Told

A Canadian judge has ordered a 24-year-old man to stay away from intimate relationships for the next three years. Justice Rhys Morgan said he issued the order to protect the public until the defendant gets counseling for a dependent personality disorder, Associated Press reports. Morgan sentenced Cranley to the 146…

Jun 14, 2007 7:35 PM CDT

Libby Judge Threatened

A federal judge says he received threats of harm after sentencing former White House aide I. Lewis “Scooter” Libby to 30 months in prison. U.S. District Judge Reggie B. Walton disclosed the threats as he began a hearing today into whether Libby may remain free pending appeal, the Associated Press…

Jun 14, 2007 7:20 PM CDT

Paris Hilton Out of Medical Ward

Paris Hilton has been released from the medical ward at the Los Angeles County jail. Hilton was released from the treatment center around 11 p.m. yesterday, Associated Press reports. A judge who disagreed with Hilton’s home detention sent her to the treatment center for evaluation on Friday. Critics claimed Hilton…

Jun 14, 2007 2:06 PM CDT

Precedent Favors State in Teen-Sex Case

The youth whose 10-year sentence for consensual oral sex was tossed out may face an uphill battle on appeal. A Georgia judge granted a habeas corpus petition for Genarlow Wilson on June 11, saying his sentence for sex with a 15-year-old girl when he was age 17 was a “grave…

Jun 14, 2007 12:55 PM CDT

Court to Consider Cocaine Sentences

The U.S Supreme Court has agreed to decide whether federal judges may depart from guidelines to correct disparities in sentencing for crack and powder cocaine.

Many federal judges have been ignoring guidelines that impose heavier sentences for possession of crack cocaine, Linda Greenhouse of the New York Times reports. Federal appeals courts are divided on the issue.

The justices selected an appeal by prosecutors seeking a higher sentence for Derrick Kimbrough, a veteran from Norfolk, Va. The federal sentencing guidelines called for a sentence of 19 to 22 years in prison for Kimbrough’s crime, possessing and distributing more than 50 grams of crack.

A federal judge called that sentence “ridiculous” and refused to impose it.

Jun 12, 2007 3:15 PM CDT

10-Year Teen Oral Sex Sentence Axed

A controversial 10-year mandatory prison sentence has been thrown out, in a case involving what has been described as consensual oral sex between a 15-year-old girl and a 17-year-old Georgia youth at a New Year’s Eve party three years ago. A habeas corpus petition was granted today by a Georgia…

Jun 11, 2007 11:41 PM CDT

New Trial Due to Judge’s Plea Comment

A federal judge who suggested that he might sentence a defendant to even less time than the prosecution was offering in a plea bargain had good intentions but made a big mistake, says the U.S. Court of Appeals for the D.C. Circuit. The judge’s interference with the plea bargaining process…

Jun 11, 2007 7:47 PM CDT