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Jose Padilla sentenced

By David Oscar Markus

Judge Marcia Cooke sentenced Jose Padilla to just over 17 years today. Co-defendant Adham Amin Hassoun received 15 years and eight months, and Kifah Wael Jayyousi, received 12 years and eight months.

The sentences mark huge victories for the defense because the advisory sentencing guideline range calculated by the judge was 30 years to life, and the government was asking for life.

Judge Cooke explained: ?There is no evidence that these defendants personally, killed maimed or kidnapped.? She also said that she could consider Padilla's harsh treatment in the brig, over government objection.

With good time, Padilla will be released in about 12 years. Assistant U.S. Attorney John Shipley objected to the sentences, calling them unreasonable. It will be interesting to see whether the government appeals the sentences after Gall and Kimbrough, the recent Supreme Court cases which give district courts very wide latitude in sentencing.

The over-under wasn't too far off, I guess.

UPDATE -- a number of people have emailed me asking about Judge Marcia Cooke. Here is original post I wrote about her when the case was first assigned to her division. I think she has demonstrated her independence and courage. Here is what I said about her back then in November 2005:

Perhaps DOJ looked at Judge Cooke's resume and saw that she was a Bush appointee and a former AUSA and thought that she would be a push-over for the feds. Froomkin (who I doubt has ever appeared before her) goes so far as to say "the government should not expect a hostile bench." If this is what the government thought, it is dead wrong. Judge Cooke -- to put it in Chief Justice Roberts' words -- calls a strike a strike and a ball a ball, and will not be pushed around by the government. She is known in this community as a fair judge who listens carefully to both sides and calls it right down the middle. She is well liked by criminal defense attorneys and prosecutors alike.

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