Tuesday, July 03, 2007

Oh, You Got To Have Friends...

Eleven days earlier, on June 21, 2007
WASHINGTON (Reuters) - The Supreme Court on Thursday made it harder for convicted criminals to argue on appeal that they should have received a lighter prison sentence than recommended by federal guidelines.

By an 8-1 vote, the justices rejected arguments by a North Carolina man who sought less time in prison, and ruled that a sentence within the range set out by the guidelines may be presumed by a federal appeals court to be reasonable. ...

The ruling involved Victor Rita, who received 33 months in prison for making false statements during an investigation of illegal trafficking in machine gun kits. His sentence was at the bottom of the guideline range of 33 to 41 months.

Rita had sought a sentence lower than 33 months, based on his physical condition -- he has diabetes and other illnesses -- his likely vulnerability in prison and his military service in Vietnam and in Operation Desert Storm.

The Supreme Court upheld a U.S. appeals court's ruling that found Rita's sentence to be reasonable.

Justice Stephen Breyer said in the majority opinion that the judge in the case properly analyzed the relevant factors and gave legally sufficient reasons for the sentence.
Sorry, Mr. Adams. Thanks for the suggestion, but the President has decided that "a government of laws, and not of men" is yet another "quaint" concept we don't honor anymore.