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Blagojevich again denied

Friday, Apr 21, 2017 - Posted by Rich Miller

* Another loss for former Gov. Rod Blagojevich

A federal courtroom has taken simply three days to reject the attraction of imprisoned former Illinois Gov. Rod Blagojevich looking for a 3rd sentencing.

The unanimous ruling Friday by the seventh U.S. Circuit Courtroom of Appeals in Chicago dismissed arguments that the Democrat’s trial-courtroom decide ought to have decreased his 14-yr jail time period for corruption due to his good conduct behind bars.

* From the opinion….

Pepper v. United States, 562 U.S. 476, 481 (2011), holds that “when a defendant’s sentence has been set aside on appeal, a district court at re-sentencing may consider evidence of the defendant’s post-sentencing rehabilitation and that such evidence may, in appropriate cases, support a downward variance from the now-­advisory Federal Sentencing Guidelines range.” Blagojevich’s original sentence was imposed in December 2011, and he entered prison in March 2012. He submitted evidence that between then and the new sentencing in August 2016 he had helped other inmates with their educations and set an example of moral and caring behavior.

The district judge acknowledged this evidence but found that it did not justify a lower sentence, in large part because none of the other inmates had known Blagojevich while he held office and therefore could not show that he had fundamentally changed his attitude toward corrupt dealing. The judge demonstrated that he understood the extent of discretion under Pepper and did not need to explain at greater length why he found the new evidence unpersuasive. See Rita v. United States, 551 U.S. 338, 356–59 (2007) (brief reasons suffice). Blagojevich’s treatment of fellow inmates may show that outside of office he is an admirable person, but the court was entitled to impose punishment that reflects how Blagojevich behaved when he had a different menu of opportunities and to deter those who hold office today. The authority recognized by Pepper belongs to the district judge. As with many discretionary subjects the fact that a judge could have ruled otherwise does not imply that the judge was compelled to rule otherwise.

Blagojevich’s contention that the vacatur of five convictions calls for a lower sentence likewise was considered by the district judge, who observed that the remaining counts of conviction represent the same kind of conduct as the vacated counts. We did not hold that Blagojevich was innocent of the charges in the vacated counts; we concluded, rather, that the jury instructions did not separate political horse trading (Blagojevich’s offer to appoint someone to the Senate in exchange for the President’s promise to appoint him to the Cabinet) from extortion and similar crimes (Blagojevich’s offer to appoint someone to the Senate in exchange for cash). 794 F.3d at 734. The district judge, who presided over two lengthy trials, was free to consider all of the evidence even though the prosecutor elected not to retry these five counts. The district judge also observed that the vacatur did not affect the Guidelines range. Given the standards of Rita, the judge said enough to justify the sentence. […]

According to Blagojevich, McDonnell calls the reasoning of our first decision into question. Not so. The only issue before the Court was whether McDonnell had traded “official acts” for money and other benefits. The Justices considered the definition of “official act” in 18 U.S.C. §201(a)(3) and concluded that McDonnell’s jury had been instructed incor rectly. Blagojevich, by contrast, has never contended that the activities of appointing someone to a vacant seat in the Senate, signing legislation, or the other activities that a jury found he sought to profit from, were not “official acts” of a state’s governor.

Blagojevich’s remaining arguments do not require discussion.

  22 Comments      


Last ditch appeal by Blagojevich

Wednesday, Apr 19, 2017 - Posted by Rich Miller

* ABC 7

Attorneys for Rod Blagojevich appeared in federal appellate court Tuesday in Chicago to argue that the imprisoned ex-governor should have his 14-year sentence reduced. […]

The hearing follows Blagojevich’s resentencing last August when a lower court judge gave him the same 14-year prison he imposed at the initial sentencing in 2011. Blagojevich was convicted of abusing his power, including an attempt to sell the U.S. Senate seat formerly held by Barack Obama.

On Tuesday, lawyers asked for a new sentencing hearing, saying that the previous judge didn’t take into consideration the dozens of letters from fellow inmates about the good work he has been doing in prison.

“It’s an argument the government keeps raising that he’s not truly remorseful. It’s interesting because the government prosecuted him. The reason we’re back here is because the government prosecuted him for something that wasn’t a crime, something that in the history of this country has never been prosecuted and has been done throughout history as the appellate court found,” his lawyer Leonard Goodman said outside court.

* Tribune

In a signal of how high the legal hurdle is for Blagojevich, the same panel of judges who ruled in 2015 that the ex-governor’s sentence was reasonable — Frank Easterbrook, Michael Kanne and Ilana Rovner — heard the arguments again this time around. For the case to break Blagojevich’s way, those judges would have to decide that their previous ruling was erroneous.

After court, Goodman acknowledged that the chances were dimming for Blagojevich, whose only other recourse should the 7th Circuit decide against him would be to petition the U.S. Supreme Court for a hearing — a move that would be considered a legal long shot at best since the high court already passed on taking up the case last year. […]

In its first ruling in 2015, the 7th Circuit threw out five counts involving the Senate seat on technical grounds. But the court tempered the small victory for Blagojevich by calling the evidence against him “overwhelming” and making it clear that the original sentence handed down by U.S. District Judge James Zagel was not out of bounds. Zagel’s decision in August to resentence Blagojevich to the original 14 years means he’s still slated to remain in prison until May 2024.

In the latest appeal in December, Goodman and co-counsel Michael Nash argued Zagel ignored key evidence presented at the resentencing, including dozens of letters written by fellow inmates about Blagojevich’s character and leadership in the federal prison camp outside Denver.

* Sun-Times

Nearly all of the questions from the three-judge panel Tuesday came from Rovner, who dwelled on the letters and Zagel’s decision to credit Blagojevich with acceptance of responsibility in 2011 and 2016. She said Blagojevich has “conducted himself admirably in prison,” as described in the letters.

“And perhaps this is something that a different judge would give, you know, more weight to,” Rovner said.

But she also asked whether Zagel was required to do so.

* AP

Ilana Diamond Rovner, one of the three 7th U.S. Circuit Court of Appeals judges who heard the arguments, suggested Blagojevich might have gotten a lesser sentence from a different trial judge.

A prosecutor told the panel that Judge James Zagel was right to stand by the original sentence because Blagojevich, 60, has never admitted serious wrongdoing.

“There’s nothing anywhere where the defendant says, ‘I apologize for putting my own personal interests ahead of the interests of the public I was charged with serving,’” Debra Bonamici said. […]

Outside court later Tuesday, Blagojevich attorney Leonard Goodman said an unqualified apology would contradict his client’s position that he never crossed legal lines.

* NBC 5

“It’s ironic that the government is saying that he’s not truly remorseful,” Goodman said. “I’d like to see some of that remorse from the government, for putting him through that and putting his family through that!”

Yeah, that’ll happen.

  15 Comments      


Obama won’t free Blagojevich

Thursday, Jan 19, 2017 - Posted by Rich Miller

* No surprise here

President Barack Obama made his final grants of clemency on Thursday with less than a day left in office and imprisoned former Illinois Gov. Rod Blagojevich was not on the list.

Blagojevich was handed a 14-year sentence on corruption charges, with one of the most sensational his attempt to “sell” the Illinois Senate seat then-Illinois Sen. Barack Obama was vacating after being elected president in November 2008.

The Justice Department earlier confirmed that Blagojevich, in year four of his imprisonment, filed a request to have his sentence commuted. He was arrested in December 2008, a few weeks after the presidential election.

Blagojevich’s bid for clemency from Obama was always extremely unlikely because of the nature of his offense. […]

Obama cut short the sentences of 330 federal inmates convicted of drug crimes on Thursday, with Obama focused on cutting the prison time of offenders with overly harsh sentences that would not be imposed under guidelines for judges in place today.

Some people insisted for years that Obama had some sort of special relationship with Blagojevich which would lead to a pardon. They were living in a fantasy land.

…Adding… Pool report forwarded by the White House press office…

A travel/photo lid has been called at 4:10 p.m. […]

And with that, Barack Obama’s final full day as president has come to an unofficial close.

-30-

  37 Comments      


« NEWER POSTS PREVIOUS POSTS »
* Isabel’s afternoon roundup
* Pritzker says amount of threats received in past few days has been an 'enormous multiple' of those that were received in the days before
* Rep. Smith won't run for reelection
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