Court: 'mistakes' in judge's sentence

Jennifer Nelson
January 1, 2008
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The 7th Circuit Court of Appeals vacated the sentence of man convicted of defrauding Medicaid because the District Court judge's sentencing transcript was "laced with apparent mistakes and misunderstandings."

In United States of America v. William J. Higdon, No. 07-3951, William Higdon appealed his 60-month sentence imposed by U.S. District Judge Richard Young of the Southern District, Evansville Division. Higdon pleaded guilty to defrauding the Indiana Medicaid program, and the judge and parties agreed the sentencing guideline was 18 to 24 months. However, Judge Young sentenced Higdon to 60 months.

After reviewing the judge's sentencing transcript, the 7th Circuit found it to be filled with "mistakes and misunderstandings" that caused him to sentence Higdon to a prison term nearly three times the length of the midpoint of the sentencing guidelines, wrote Judge Richard Posner.

A sentencing judge is allowed to have his or her own penal philosophy at variance with that of the Sentencing Commission; however, a judge must think long and hard before substituting his or her own personal penal philosophy for that of the commission's, Judge Posner wrote.

According to the sentencing transcript, the federal appellate judges listed nine points in which they feel the judge may have made a mistake: from the judge apparently believing Medicaid fraud is more serious than other fraud because it is against the government to Judge Young's belief that Higdon would benefit from a long prison sentence so he could take advantage of educational and vocational training.

Six of the nine mistakes or misunderstandings the 7th Circuit identified seem unrelated to a legitimate philosophical difference between the judge and the Sentencing Commission. Three of the mistakes or omissions could reflect Judge Young's penal philosophy that differs from the commission, which is permitted, Judge Posner wrote.

The 7th Circuit had to rely on the transcript of Judge Young's oral remarks for the appeal, which caused the Circuit Court to suggest that judges who decide to impose an out-of-guideline sentence express their reasons in writing.

"The discipline of committing one's thoughts to paper not only promotes thoughtful consideration but also creates a surer path of communication with the reviewing court," Judge Posner wrote.

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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...