Tuesday, January 17, 2006
According to the Chicago Tribune here, a police officer and supervisor (of "more than 100 officers at the city's airports") plead guilty to fraud for stealing "$4,000 earmarked for a ceremony to honor heroic police officers." What will make this sentencing hearing particularly interesting is that both sides appear to be split on whether the officer's conduct constitutes a "special skill" for purposes of sentencing. A sentence may be increased under the federal sentencing guidelines if the individual "used a special skill, in a manner that significantly facilitated the commission or concealment of the offense." Post Booker, the court is left to first examine the guidelines and thus the need to determine whether the officer was using a "special skill."