Thursday, August 09, 2007
Ind. Decisions - 7th Circuit "calls appeal of within-guideline sentence frivolous"
In a 7th Circuit ruling out of the ED Illinois today, USA v. Sam Gammicchia, Judge Posner begins:
The defendant appeals from his 30-month prison sentence for obstruction of justice. The appeal bespeaks a misunderstanding of federal sentencing law under the regime created by the Booker decision. When as in this case a criminal appeal is frivolous, the defendant’s attorney should file an Anders motion rather than waste the court’s time on a lost cause. We write in the hope of heading off what is assuming the proportions of an avalanche of utterly groundless sentencing appeals.See the Sentencing Law and Policy entry here.
Posted by Marcia Oddi on August 9, 2007 03:32 PM
Posted to Ind. (7th Cir.) Decisions