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"If there is a verdict for her and she is ordered to be released, how can the verdict be changed so suddenly!!!!!!!!!"

That was the defendant's mom in this case after Judge Cohn sentenced Shahrazad Mir Gholikhan to 29 months a week after sentencing her to credit time served. I've tried not to blog about the case because I was involved for a brief time early on in the litigation. Here is the intro from Vanessa Blum's article:

Shahrazad Mir Gholikhan, an Iranian woman accused of trying to export night vision goggles, thought her guilty plea last month would be her ticket back to her family.The federal prosecutor had recommended a term of time served for the 30-year-old mother's role in the illegal plot to trade with Iran, a U.S.-designated terrorist nation. U.S. District Judge James Cohn imposed the sentence at an April 25 hearing in Fort Lauderdale federal court.But on Tuesday that smooth resolution unraveled. Determining the sentence had been a mistake, Cohn extended Gholikhan's prison term from time served to two years and five months.Under the law, federal judges can amend sentences within seven business days that result from "arithmetic, technical, or other clear error."

Gholikhan's lawyer Bill Barzee had this to say:

William Barzee, Gholikhan's attorney, called the resentencing unfair and un-American, saying after the hearing that his client feels like she's back in Iran."I don't think it's fair to [agree on a sentence] and have someone plead guilty and then come back and ask the court for a do-over," Barzee said in court Tuesday.

And a sentencing professor commented:

Jonathan Rosenthal, a Fort Lauderdale defense lawyer who teaches sentencing at Nova Southeastern University, said he found a description of Gholikhan's resentencing "troubling" because the guidelines are only one factor judges should consider."I don't understand how on Monday a sentence of four-and-a-half months is reasonable, but on Tuesday, all of a sudden, that sentence is no longer reasonable," Rosenthal said. "Judges are not supposed to give guidelines any undue weight."

It's a valid point. If a sentence of credit time served is reasonable, how can a sentence of 29 months be reasonable the next day -- especially when the prosecutor had agreed to credit time served. If the situation was reversed -- and the defendant didn't like her sentence -- would a judge allow her to come back to court?

Full post as published by Southern District of Florida on May 07, 2008 (boomark / email).