August 20, 2004

Indiana Decisions - Blakely ruling by U.S. District Judge Richard L. Young

The Evansville Courier&Press reported yesterday, in a story by Maureen Hayden (who also reported this excellent early Indiana/Blakely story), headlined "Sentencing ruling works to benefit of Posey County defendant," that:

A Posey County, Ind., man charged with a gun crime was the benefactor Wednesday of a sweeping U.S. Supreme Court decision on mandatory sentencing guidelines. Todd Perry Redman, 33, of Mount Vernon, Ind., saw his expected prison term reduced by three years, after U.S. District Judge Richard L. Young set aside the restrictive sentencing formula that has been in place for more than 20 years.

In doing so, Young joins a growing number of federal judges tossing out a sentencing system that favored prosecutors and virtually stripped federal judges of their ability to make discretionary decisions about the criminal penalties they hand down. Young stopped short of declaring the guidelines unconstitutional - a ruling made recently by some of his peers, including the former chief federal judge for Southern Indiana, U.S. District Judge Sarah Evans Barker. * * *

Earlier this year, Redman pleaded guilty to a federal charge of being a felon in possession of a gun. Under the complicated, points-based federal sentencing guidelines, he faced a minimum prison term of 7 years, plus three months.

Young's decision Wednesday to set aside those mandatory guidelines reduced the maximum penalty Redman faced to 4 years, 9 months.

A brief AP story also appears today in the Louisville Courier-Journal.

Posted by Marcia Oddi at August 20, 2004 09:10 AM