Judge's focus 'odd,' 'inappropriate' for Circuit's taste

September 14, 2010
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The post was written by IL managing editor Elizabeth Brockett.

Sometimes a case makes the news not because of the merits, but for some other reason. Such a case came from the 7th Circuit Court of Appeals Monday. Writing for the panel, Judge Diane P. Wood noted there was “little out of the ordinary” in Jose Figueroa’s trial and conviction. He was charged with heading a multimillion-dollar drug conspiracy in Wisconsin. A jury convicted him of conspiracy to possess cocaine with the intent to distribute and distribution of cocaine.

Judge Wood wrote that his evidentiary decision challenge had no merit; however, it was comments made during sentencing by Wisconsin Eastern District Judge Rudolph T. Randa that raised questions. The appellate panel remanded, noting that Judge Randa’s “process was so far out of bounds that Figueroa is entitled to resentencing.”

In United State of America v. Jose Figueroa, also known as Jose Figueroa-Maldanado, No. 09-3333, Judge Wood noted the sentence of 235 months was unremarkable, but “the process the district court used to get there – in particular, its extraneous and inflammatory comments during the sentencing hearing – cast doubt on the validity of the sentence.”

Judge Wood wrote, “The sentencing transcript reveals an odd focus on nation-states and national characteristics. The district court linked the drug trade to Mexico, then to Colombia and Venezuela, and then to Iranian terrorists through the person of Venezuelan President Hugo Chávez. … Turning to punishment, he remarked that Figueroa should be happy that he was headed to an American – rather than a Mexican or Turkish – prison, and that Figueroa’s conduct could have resulted in execution had it occurred in Malaysia or Thailand.”

“The transcript also reveals the district court judge’s use of colorful – and inappropriate – analogies to dispense with arguments that he did not appreciate. Rejecting Figueroa’s wife’s comment that the sentence was unfair, he said that ‘[i]t reminds me of … the person who killed his parents . . . asking [the judge] to have sympathy for him because he’s an orphan.’”

“Later, the judge discounted Figueroa’s claim that he was a good family man: ‘even Adolf Hitler was admired by his family. Adolf Hitler loved his dog. Yet he killed six million Jews.’”

Is Judge Randa one who’s tough on drug dealers and got a little overzealous in his rebuke? For the record, Judge Randa is no rookie. He served as chief judge of that district from 2002 to 2009. He also previously served on the U.S. Judicial Conference Code of Conduct Committee.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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