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Bush Administration fails in Hamdan resentencing effort

By Douglas A. Berman

The Washington Post has this reporton the outcome of the resentencing efforts in the Hamdan case.  Here are excerpts: A military judge has refused to reconsider the sentence of Osama bin Laden's former driver, forcing the Bush administration to either release a man it insists is a dangerous terrorist in two months or continue to hold him at Guantanamo Bay as an enemy combatant despite his having served his time after a trial and conviction.... Prosecutors had sought a 30-year sentence, but the jury, unconvinced that Hamdan was anything more than a low-level al-Qaeda figure, came back with a sentence that ostensibly allows Hamdan to be released Dec. 31.  Military prosecutors argued that [the military judge] erred in deciding that Hamdan was entitled to credit for time held...continue to full post

Full post as published by Sentencing Law and Policy on October 31, 2008 (boomark / email).