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Court upholds sentence-reduction denial

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Even though a defendant may be eligible for a sentence reduction under new crack cocaine sentencing guidelines, it is up to the District Court's discretion to grant a reduced sentence, the 7th Circuit Court of Appeals ruled today. The Circuit Court affirmed a District Court's denial to reduce a man's sentence because of his behavior while in prison.

In United States of America v. Victor A. Young, No. 08-1863, a U.S. District judge of Indiana's Northern District declined granting Victor Young's motion to reduce his sentence under 18 U.S.C. Section 3582(c)(2) for possessing crack cocaine with the intent to distribute even though the government agreed a sentence reduction was appropriate. The District judge based his decision on the contents of an addendum that reported Young had been sanctioned 15 times for incidents of misconduct while in prison. The judge reasoned that this behavior reflected poorly on his ability to be rehabilitated and he posed a danger to the community if his sentence was reduced.

In his appeal, Young challenged the process the District Court used to rule on his motion. He believed if the court was to rely on new information about his prison sanctions, he should have been given notice to contest it.

However, Young did have access to the addendum prepared by the probation office four days before he filed his motion and could have addressed the information in his initial submission to the court but did not, wrote 7th Circuit Judge Diane Sykes.

The judge did think his behavior in prison was important and by written order and without holding a hearing, denied Young's motion. And, under Section 3582(c)(2), the District Court has substantial discretion in deciding how to adjudicate those motions, wrote Judge Sykes.

The 7th Circuit Court of Appeals hadn't attempted to identify the minimum procedural protections required under the section but declined to do so today. Even if the appellate court assumed a defendant has to have an opportunity to comment on post-sentencing conduct in a Section 3582(c)(2) proceeding, Young had that opportunity.

The defendant bears the burden of requesting the court for a different procedure, but Young never did. Even if he thought four days wasn't enough time to investigate the sanctions in the addendum, he could have raised the issue for more time, wrote Judge Sykes.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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