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Ninth Circuit discusses lots of sentencing issues

By Douglas A. Berman

Though not full of groundbreaking stuff, the Ninth Circuit's lengthy decision today in US v. Waknine, No. 06-50521 (9th Cir. Sept. 10, 2008) (available here), covers lots of important modern sentencing issues.  Here is how the opinion starts:Hai Waknine appeals his sentence of 121 months of imprisonment and $646,000 in restitution payments imposed by the district court after he pleaded guilty to one count of racketeer influenced and corrupt organizations (?RICO?) conspiracy, in violation of 18 U.S.C. § 1962(d), for laundering proceeds by embezzling from the Tel Aviv Trade Bank and brokering loans through extortion.  He argues that (1) the government violated the plea agreement by not orally recommending at the sentencing hearing a 108-month prison term pursuant to the plea agreement, (2) the district court violated Rule 32 of the Federal Rules of Criminal Procedure by not giving the government an opportunity to speak at the sentencing hearing, (3) the district court committed procedural error by not considering the 18 U...continue to full post

Full post as published by Sentencing Law and Policy on September 10, 2008 (boomark / email).