Thursday, July 15, 2010

"The facts of this case are riddled with extraordinary cruelty and evil."

You know that you aren't going to win an appeal with that as the opening line of the opinion.  And that's how Judge Marcus started off his 87-page opinion in USA v. Chuckie Taylor.   And here's the conclusion:

In sum, we affirm Emmanuel’s convictions and sentence in full. The Torture Act’s proscriptions against both torture and conspiracy to commit torture are constitutional, and may be applied to extraterritorial conduct. The district court did not plainly err in applying § 924(c) to Emmanuel’s extraterritorial conduct, nor in its conduct of this lengthy trial. Finally, Emmanuel’s advisory Sentencing Guidelines range was correctly calculated by the district court, and the sentences imposed violate neither the CAT nor the Constitution.

UPDATE -- here's the AP story.

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