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Reply #25: Siegelman Filing Says Recommendations "Draconian" a "Life Sentence" [View All]

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L. Coyote Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-07-07 11:47 PM
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25. Siegelman Filing Says Recommendations "Draconian" a "Life Sentence"
Siegelman Filing Says Recommendations "Draconian" a "Life Sentence"
June 4, 2007 06:28 AM

MONTGOMERY, Ala., June 3, 2007 -- Sentencing attorney for former Governor Don Siegelman, Susan James, filed documents in federal court last week outlining Siegelman's objections to the probation officer's presentencing report and says a sentence according to the guideline range would be "draconian."

The government's request for a 30-year sentence is beyond the guideline range and prosecutors have asked the judge to go beyond the guideline range to impose that sentence.

"The government asserts that Defendant Siegelman is deserving of and should receive a sentence of thirty years for the criminal conduct for which he was convicted... The United States asserts that thirty years imprisonment, a fine of $1,000,000, and an order of restitution of $5,239,495 is the most appropriate sentence in this case."

The U.S. Sentencing Guidelines are now advisory and not mandatory for the judge.

James says the "suggested guideline sentence and anything short of probation will violate his Eighth Amendment protection against cruel and unusual punishment. In the sentencing memorandum and at sentencing Siegelman plans to argue that other similarly situated individuals with similar charges received substantially less punishment. Further the counts of conviction give the uncontroverted facts do not warrant such a draconian sentence. Additionally, other Governors, including Bob Riley, have received campaign contributions from individuals they have subsequently placed on the CON Board. This was done in the case of Dr. Swaid Swaid who was appointed chairman by Bob Riley after having contributed to the Riley campaign .....................
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