Judge Marcia Cooke sentenced Jose Padilla to just over 17 years today. Co-defendant Adham Amin Hassoun received 15 years and eight months, and Kifah Wael Jayyousi, received 12 years and eight months.
The sentences mark huge victories for the defense because the advisory sentencing guideline range calculated by the judge was 30 years to life, and the government was asking for life.
Judge Cooke explained: “There is no evidence that these defendants personally, killed maimed or kidnapped.” She also said that she could consider Padilla's harsh treatment in the brig, over government objection.
With good time, Padilla will be released in about 12 years. Assistant U.S. Attorney John Shipley objected to the sentences, calling them unreasonable. It will be interesting to see whether the government appeals the sentences after Gall and Kimbrough, the recent Supreme Court cases which give district courts very wide latitude in sentencing.
The over-under wasn't too far off, I guess.
UPDATE -- a number of people have emailed me asking about Judge Marcia Cooke. Here is original post I wrote about her when the case was first assigned to her division. I think she has demonstrated her independence and courage. Here is what I said about her back then in November 2005:
Perhaps DOJ looked at Judge Cooke's resume and saw that she was a Bush appointee and a former AUSA and thought that she would be a push-over for the feds. Froomkin (who I doubt has ever appeared before her) goes so far as to say "the government should not expect a hostile bench." If this is what the government thought, it is dead wrong. Judge Cooke -- to put it in Chief Justice Roberts' words -- calls a strike a strike and a ball a ball, and will not be pushed around by the government. She is known in this community as a fair judge who listens carefully to both sides and calls it right down the middle. She is well liked by criminal defense attorneys and prosecutors alike.
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7 comments:
Let's see...you drug somebody with LSD to get them to talk, torture them and interrogate them without access to a lawyer...I'm ashamed as an American that we treat other Americans, much less the poor souls at Gimo, like this. At least Judge Cook gave Padilla and the others reasonable sentences. The feds don't have a leg to stand on appealing the sentence now that the guidelines are truly guidelines.
After this Numbnut gets out for good behavior he will probably target Judge Marcia Clarkes home. Way to go Marcia! What a sad descision on her part not to sentence this Jerk to life in prison. Too bad the military didn't finish this Idiot off while they had him. It just shows the terrorists how weak this country is when we protect thier rights over our nations safety. Buy the way, this Putz looks like he probably walked across the southern border into our country. Just another one of my problems with the lack of enforcing our border security. Liberals suck!
Here here for Judge Cooke!! I particularly respect her for explicitly referencing the horrendous treatment to which Padilla was subjected.
As for 3:50 -- when did Marcia Clarke become a judge?
Seems like quite a downward departure. I'd bet dollars to donuts that the USDOJ appeals the sentence.
It is interesting that Padilla receives the longest sentence. Padilla appeared at trial to be a minor participant, to the extent that Clarke criticized the strength of the government's case against him. Padilla was similarly far less active in the wiretap transcripts.
Is this a product of a higher criminal history score for Padilla?
Judge Cooke is an excellent judge.
Months ago, reading the record of torture inflicted on Padilla (taken into account by the Judge in her sentencing decision), I found myself literally nauseated, close to retching. As a citizen and lawyer, it was an extraordinarily shameful moment -- the public destruction of America's reputation as a nation subject to the rule of law. The Padilla case will forever be recognized as America's Dreyfus case. The first action of the Democratic President in January, 2009, must be to pardon Padilla and all others tortured by the United States. "Pardon Padilla" must be our national oath during the remaining eleven months of tyranny.
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