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Remarkable opinion with postponement of resentencing in notorious Irey case

By Douglas A. Berman

Regular readers will likely recall the Irey case, in which a split Eleventh Circuit panel initially affirmed, but thereafter decided en banc to reverse, a lengthy (but still well below-guideline) sentence given to a middle-aged man for what all agree was an "utterly gruesome" sex offense.  A helpful reader today sent me a copy of the latest Irey opinion and order entered on Friday by U.S. District Judge Gregory Presnell.  This opinion, which represents just the latest remarkable chapter in a remarkable case, can be downloaded below.  Here is the opinion's introduction and conclusion: This matter comes before the Court on the Unopposed Motion for Continuance of Resentencing Hearing Pending Review in United States Supreme Court (Doc. 80).  As the motion?s title suggests, the parties seek to have this Court delay its resentencing of the Defendant, William Irey (?Irey?), on the chance that the Supreme Court will grant his petition for writ of certiorari, due to be filed on October 27, 2010...continue to full post

Full post as published by Sentencing Law and Policy on October 25, 2010 (boomark / email).