Wednesday, January 18, 2006

Allen v. Ornoski, No. 06-99001 (1-15-06), Petitioner was on death row since 1982, and in prison far longer than that. He raised Lackey claims, asserting in a successor petition that the horrific conditions in prison, plus his age and physical infirmity, should be a grounds for relief. He was legally blind, and had assorted infirmities, including having suffered heart attacks. His claims on a successor petition were unavailing, and the 9th refuses to grant a COA much less relief. Petitioner was executed on January 17th. By the way, when he had his heart attack four months ago, he requested not to be resuscitated. The prison authorities refused, citing sanctity of life.

US v. Plouffe, No. 05-30045 (1-18-06). This is a reasonableness challenge. The defendant received a 71 month sentence for assault resulting in serious bodily injury. His codefendant got a 37 month sentence. The defendant's sentence was at the top of the range. The 9th reviewed the sentence and found it reasonable. Booker doesn't mean a jettisoning of the guidelines, and for the reasons stated, the sentence using the guidelines as a factor was reasonable. The 9th emphasizes, which is good, that the codefendant's sentence of less than half was a result of the individualizing of the sentence, and the examination of various sentencing factors. The codefendant's criminal was "different". The 9th stated that flexibility in sentencing was key. Thus, this opinion's stressing of flexibility and individual examination is good for the defense, although not availing for the defendant here.


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