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Criminal Law

: Sentencing Law and Policy

Blagojevich moves to dismiss charges before retrial, which federal sentencing law kind of supports

By Douglas A. Berman

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As detailed in this Chicago Tribune article, Rod Blagojevich's lawyers have now "asked a federal judge to throw out the remaining charges against the former governor because they have not been paid for months and are 'stymied' in their ability to prepare for retrial next month." Here are more details on the motion and its prospects: The motion, the latest in a series of early-morning filings that have garnered plenty of news media attention, would appear to have no chance of success.  After Blagojevich?s initial trial in which jurors convicted him of a lone count but deadlocked on all 23 other counts, federal prosecutors have made clear their intention to retry him on the allegations of widespread corruption while he was governor. Ordinarily, if Blagojevich wanted to avoid a retrial, he would have to engage in negotiations with prosecutors and likely plead guilty to additional misconduct...continue to full post

Full post as published by Sentencing Law and Policy on March 10, 2011 (boomark / email).

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