Here is the opinion .
Judge Dubina writes the majority, which Judge Pryor joins, affirming the conviction and reversing Jose Padilla's 17 year sentence as too low. Judge Barkett dissents on both the conviction and sentencing holdings. In total, there are 120 pages of opinions. This case seems destined for Supreme Court review.
More to follow...
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2 comments:
I am so glad to see that the 11th Cir judges acted so ethically and maintained their intergity by not merely substituting their judgment for that of the district court judge who is owed a deal of deference and was in a better position to judge the facts and . . . oh never mind . . . same ol' I-10 boys.
Don't even know why they bothered with an opinion to try to justify their decision. They should've just wrote in big letters: BUT HE'S A TERRORIST. Because it looks like that was the only grounds for the reversal. If it was me, I'd issue the same sentence on remand.
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