Sunday, August 5, 2007

30 Years to Non-violent First Offender in White Collar Case

The case of Chalana McFarland, pending in the 11th Circuit, is a case that should be closely watched as it involves a sentence of 30 years for a non-violent first offender in a white collar case. The defendant argues that this sentence is unreasonable.  The preliminary briefs are below:

Download final_11_cta_brief.pdf

Download appellee_brief_feb_28_06.pdf

Download mcfarland_reply_06.pdf

The parties also filed briefs in response to the Rita case. As noted in McFarland's supplemental brief -

"Ms. McFarland also has a young child and has lost her reputation in the legal community as well as in the general community.  Her incarceration has been very difficult for her parents and young child.  If President Bush is correct that Libby's sentence of 30 months is 'excessive' than surely Chalana McFarland's 360 month sentence is excessive as well, and should be reversed."

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2007/08/mortgage-fraud-.html

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