Monday, January 23, 2006

Re-Sentencing Gets Same Sentence

Posted here was the Supreme Court's denial of certiorari in the case of Betty Loren-Maltese, an appeal in part premised upon the vagueness of the "honest-services" clause used in prosecuting federal fraud. the case pertained to an alleged insurance scheme. 

This Monday, Loren-Maltese was re-sentenced.  But according to the Chicago Tribune here the court rejected the prosecutor's arguments to increase the sentence and likewise did not reduce the eight-year sentence of the defendant. But the failure to reduce was probably difficult, especially with a Seventh Circuit decision [United States v. Spano, 421 F.3d 599 (7th Cir. 2005)] that included language of  "[t]he fraud, which continued until it was unmasked in 1996, has done nothing for the reputation of Cicero, a town notorious as the headquaters of Al Capone."


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