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So What About Everyone Else? Most Defendents Can't Challenge Federal Prison Sentences

Posted by Stephanie Taylor on July 3, 2007 at 11:42 AM

Convicted felon Scooter Libby is free, thanks to his friends in the White House. So what about the average Joe convicted of, oh say, perjury?

The Supreme Court made it harder Thursday for most defendants to challenge their federal prison sentences.

Appeals courts that review prison terms imposed by trial judges may deem them reasonable if they fall within federal sentencing guidelines adopted in the mid-1980s, the high court said.

The justices upheld a 33-month sentence given to Victor Rita for perjury and making false statements. Rita is a 25-year military veteran and former civilian federal employee.

The prison term falls within the guidelines range and was upheld by the 4th U.S. Circuit Court of Appeals, posing the question of whether sentences within the guidelines ordinarily will be considered reasonable.

From ABC: "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."

From USA Today (June 21, 2007), via Talking Points Memo.

Wonder if Fred Thompson would call for a pardon for Victor Rita, like he did for Scooter Libby, based on the fact that he's "done a lot for his country."

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