Showing posts with label james hendrick. Show all posts
Showing posts with label james hendrick. Show all posts

Friday, September 11, 2009

James Hendrick resentenced to probation

Our prior coverage of the case is here. You remember this one -- the 11th Circuit reversed Judge Highsmith's sentence of probation for James Hendrick, "once Monroe County's powerful government attorney." Well, he was resentenced today before Judge Zloch (because Highsmith retired) and got probation, again. From the Herald article:

U.S. District Judge William Zloch gave Hendrick credit for time already served on probation. That leaves two years and seven months of probation -- nine months of which must be spent under house arrest at Hendrick's home in Key West.
Hendrick had faced up to two-plus years in prison after a federal appeals court upheld his convictions in April but threw out his five-year probationary sentence, saying the punishment wasn't tough enough to fit the crime.
A three-judge panel of the 11th U.S. Circuit Court of Appeals, siding with the government, said Hendrick's sentence was ``unreasonable.'' The court in Atlanta sent the case back to South Florida for resentencing.
But Friday, Zloch essentially adopted the sentence of the trial judge in the case, retired U.S. District Judge Shelby Highsmith -- with the house arrest added on. Zloch also imposed a $50,000 fine and 1,500 hours of community service.
Hendrick, whose hearing was attended by dozens of relatives and supporters, said he was ``relieved'' by the judge's sentence.
``I did wrong, and I should pay for it,'' he told The Miami Herald. ``The currency I should pay with is community service.''
Prosecutor Christopher Clark said the U.S. Attorney's Office will consider whether to appeal.

I'd be surprised if the government appealed again. Judge Zloch went through all of the 3553 factors, so an appeal will be almost impossible for the government. And the appellate analysis from the 11th Circuit didn't rule out the same sentence. In fact, the 11th didn't say much of anything:

The government cross-appeals Hendrick’s below-guidelines sentence. After carefully reviewing the record and considering the arguments that the parties briefed and orally argued, we agree with the government that the sentence is both procedurally and substantively unreasonable. We accordingly vacate it and remand for resentencing.



Enjoy your weekend.

Tuesday, April 28, 2009

"There is no constitutionally significant difference between masturbating in front of a minor in person versus doing so via web camera."

That's the Eleventh Circuit in USA v. Aldrich. Not sure I have anything to add to that one.

Moving on to other appellate news, the 11th Circuit reversed Judge Highsmith's sentence of probation for James Hendrick, "once Monroe County's powerful government attorney." Here's Jay Weaver's article and here's the opinion. The entire analysis on the sentencing is as follows:

The government cross-appeals Hendrick’s below-guidelines sentence. After
carefully reviewing the record and considering the arguments that the parties
briefed and orally argued, we agree with the government that the sentence is both
procedurally and substantively unreasonable. We accordingly vacate it and
remand for resentencing.


That's it? I understand (sort of) short opinions from appellate courts when they affirm, but to reverse with no analysis...

What say you dear readers? I have taken off moderation, so please be appropriate in the comments.