Monday, November 16, 2009
The third time is not the charm
In United States v. Livesay (Dubina, Birch, and 6th Circuit visitor Siler), the Court held that a probationary sentence for a former executive at Health South was an unreasonable sentence. Since this appeal represented the third government appeal (and remand), the Eleventh Circuit clarified that any probationary sentence in this case would be unreasonble in light of the magnitude and seriousness of Livesay's conduct. Wonder what will happen on remand . . . .