Friday, February 12, 2010
Hon Posner (7th Circuit) recently authored a majority opinion that reversed and remanded the district court's sentencing of Former Chicago Alderman Eddie Vrdolyak (see here). It was a 2-1 decision. But whether this opinion will be the final 7th Circuit decision remains to be seen, as Vrdolyak has filed a Petition for Rehearing En Banc. The Petition includes arguments such as a claim that the "panel majority decided the case based on issues and arguments not raised in the appeal." This petition presents an interesting discussion on the deference that should be given to trial judges when it comes to sentencing.
Petition for Rehearing With Request for Hearing En Banc -Download ERVPetReh2