Monday, October 6, 2008
How many times should a person be sentenced and at what point does the continued uncertainty constitute part of the punishment. Although the First Circuit does not cover this aspect in its recent decision in the United States v. Thurston case, it does state:
"This, the third review of William Thurston's sentence, was necessitated by the Supreme Court's decision in United States v. Gall, 128 S. Ct. 586 (2007). We affirm the sentence. . . . To say that the journey of this case has been arduous for the parties involved would be an understatement."
The defendant was convicted of "conspiring to defraud the Medicare program of more than five million dollars." The district court sentence, given deference by this court, was for 3 months incarceration and 24 months supervised release.
Opinion - Download Thurston.pdf
(esp) (w/ a hat tip to Paul Kamenar)