Wednesday, January 27, 2010

Ho hum

Scott Rothstein finally pleaded today. (Here's the agreement.) And Kim Rothstein made an appearance:

And there were even scuffles outside the courtroom.

UPDATE -- so I read the Rothstein plea agreement. It's pretty standard stuff. Things that jumped out at me about it -- the government agreed that if the guidelines are life, they will agree to a downward variance. I think that's quite a concession and one I rarely see in plea agreements. Second, Rothstein agreed to waive his right to appeal and to waive his right to a habeas proceeding. That means that Judge Cohn can sentence Rothstein anywhere from zero to life, and Rothstein cannot attack the sentence. He will have to eat whatever Judge Cohn gives him. (I never understood how a defense lawyer can agree to have his client waive his habeas rights -- if the defense lawyer is ineffective, how can he advise his client to waive that?)

Sick of the Rothstein stuff.... well, fellow geeks, check out this 7th Circuit opinion on Dungeons and Dragons -- finding that it's a threat to prison security! Above The Law covers it here. HT: SB.


Anonymous said...

That is a terrible agreement and no concession at all from the Government. Basically, it is like pleading to the indictment and agreeing to waive any and all appellate and collateral is a joke. Rothstein always could have argued that he should receive a variance -- what did he get in the agreement? The government agreed he could argue it, but they also specifically reserved the right to argue against it - all that means is that the defense won't be in violation of the agreement if they argue Booker/3553. Wow! What a deal.

Robert Becerra said...

I believe in the 7th Circuit there is case law saying that a waiver of habeas rights in a plea agreement is invalid as a matter of law