Federal Judiciary

Thoughts on Padilla sentencing

By David Oscar Markus

• Many news outlets are referring to the 17 year sentence as "lenient." Since when did 17 years become a lenient sentence? Think about where you were 17 years ago.

• Some commenters are wondering why Padilla's sentence was the longest of the three defendants when his role was arguably the least serious. Answer: He had the worst criminal history. He is a career offender under the sentencing guidelines, while the other two defendants are not.

• Will Padilla get credit for time he served in the naval brig?

• Will the government appeal the sentences? They would very likely lose after the recent Supreme Court cases, Gall and Kimbrough, which gave very wide latitude to district judges in sentencing defendants. If they know they will likely lose, will they still appeal just to make a point?

• Thank goodness for the Supreme Court's Apprendi line of cases. It lets judges judge again at sentencing.

Full post as published by Southern District of Florida on January 22, 2008 (boomark / email).