ILNews

Court: 'mistakes' in judge's sentence

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

  2. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  3. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  4. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  5. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

ADVERTISEMENT