Court denies appeal of judge's sentencing goof
Headline News
The U.S. Supreme Court on Monday rejected an appeal from an Alabama man who was sentenced to five years in prison when a judge wrongly thought the law required him to serve time.
U.S. District Judge William Steele didn't want to order Patrick Lett, a 17-year Army veteran who served two tours in Iraq, to prison after the former soldier pleaded guilty to cocaine possession. But the judge thought the law required prison time.
When Steele learned differently, he reduced the punishment to 11 days of time served and three years of supervised release. That didn't satisfy prosecutors, who appealed the lighter sentence on the grounds that Steele didn't have the authority to change the initial five-year sentence.
The 11th U.S. Circuit Court of Appeals ruled the judge could not undo his sentence, and the Supreme Court rejected Lett's appeal of that decision without comment.
A new sentencing hearing is set for Oct. 24, though one of Lett's attorneys said a delay may be needed to prepare arguments.
Attorney Douglas Berman of Ohio State University's Moritz College of Law in Columbus said Monday that defense attorneys are expected to argue Lett initially had ineffective legal representation.
A Justice Department spokesman was not immediately available for comment on the high court's ruling.
At the initial sentencing, Steele noted that Lett had led "an exemplary life up until the time of the offenses and even after," when Lett re-enlisted and served another 17 months before his indictment.
Lett, now 39, pleaded guilty to cocaine possession for his involvement in a cousin's drug operation.
Lett works full time doing fiber optics work at a shipyard in Pascagoula, Miss. His two children, who live with Lett's mother, visit him on weekends. He supports his family as a single parent, his attorney said.
Related listings
-
Lawsuits likely over NYC mayor's bid for 3rd term
Headline News 10/02/2008Mayor Michael Bloomberg is almost certain to face a legal challenge if he tries to alter the city's term-limits law and seek four more years in office.Several lawyers and government watchdog groups said Wednesday they are mulling legal action to bloc...
-
Indicted federal judge Kent will continue working
Headline News 09/02/2008U.S. District Judge Samuel Kent plans to keep hearing court cases while facing prosecution on charges he fondled a former court employee, according to the chief judge for the Southern District of Texas."The only way he doesn't receive cases is if he'...
-
Detroit mayor's political future back in court
Headline News 08/29/2008Arguments are under way in a Detroit courtroom, where a judge is expected to decide whether Gov. Jennifer Granholm can hold a hearing to remove Mayor Kwame Kilpatrick from office.Wayne County Circuit Judge Robert Ziolkowski (zill-KOW-ski) handled oth...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.