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	<title>Comments on: Judge Biggers explains the sentence and Mike Moore argues with him&#8230;  (part 2)</title>
	<atom:link href="http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/</link>
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		<title>By: Another observer</title>
		<link>http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/#comment-30761</link>
		<dc:creator>Another observer</dc:creator>
		<pubDate>Thu, 03 Jul 2008 02:59:48 +0000</pubDate>
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		<description>Response to 12 NMC

  Zack&#039;s wife was in the courtroom.  She came in either right before Zack or right after him, I  forget which, but she sat down in the front row on the right next to Zack&#039;s mother.</description>
		<content:encoded><![CDATA[<p>Response to 12 NMC</p>
<p>  Zack&#8217;s wife was in the courtroom.  She came in either right before Zack or right after him, I  forget which, but she sat down in the front row on the right next to Zack&#8217;s mother.</p>
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		<title>By: NMC</title>
		<link>http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/#comment-30667</link>
		<dc:creator>NMC</dc:creator>
		<pubDate>Wed, 02 Jul 2008 20:04:10 +0000</pubDate>
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		<description>Lotus, you need to read my post yesterday about Zach and the binding plea-- it&#039;s all about your questoin.</description>
		<content:encoded><![CDATA[<p>Lotus, you need to read my post yesterday about Zach and the binding plea&#8211; it&#8217;s all about your questoin.</p>
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		<title>By: joe blow</title>
		<link>http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/#comment-30661</link>
		<dc:creator>joe blow</dc:creator>
		<pubDate>Wed, 02 Jul 2008 19:45:25 +0000</pubDate>
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		<description>what the hell is wrong with people who think that the jail part of this sentence was too harsh?  the guy got 14 measley months (seven less than bottom range of the guidelines) for knowing that his father was trying to flip a judge 50K for a ruling favorable to their firm in a class fee case?  are you kidding?  the only way skruggs sees no jail time in this case is if he was able to successfully bribe this judge biggers.  BTW, is it permisible for judge biggers to speculate that, based upon his view of the ease with which Dickie talked about the bribe scheme on the tapes, that skruggs had bribed other judges before and give the five years based in part on that belief?</description>
		<content:encoded><![CDATA[<p>what the hell is wrong with people who think that the jail part of this sentence was too harsh?  the guy got 14 measley months (seven less than bottom range of the guidelines) for knowing that his father was trying to flip a judge 50K for a ruling favorable to their firm in a class fee case?  are you kidding?  the only way skruggs sees no jail time in this case is if he was able to successfully bribe this judge biggers.  BTW, is it permisible for judge biggers to speculate that, based upon his view of the ease with which Dickie talked about the bribe scheme on the tapes, that skruggs had bribed other judges before and give the five years based in part on that belief?</p>
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		<title>By: Phantom</title>
		<link>http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/#comment-30651</link>
		<dc:creator>Phantom</dc:creator>
		<pubDate>Wed, 02 Jul 2008 18:40:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/#comment-30651</guid>
		<description>Lotus @ 15,

A binding agreement to go along with the government&#039;s recommended sentence...whatever that recommendation may be.  

In this case, gov&#039;t. recommended probation.  But w/o the 11(c)(1)(c), it was MERELY a recommendation.

http://www.law.cornell.edu/rules/frcrmp/Rule11.htm

(scroll down about halfway)

I may be wrong, but I did stay at a Holiday Inn Express last night.</description>
		<content:encoded><![CDATA[<p>Lotus @ 15,</p>
<p>A binding agreement to go along with the government&#8217;s recommended sentence&#8230;whatever that recommendation may be.  </p>
<p>In this case, gov&#8217;t. recommended probation.  But w/o the 11(c)(1)(c), it was MERELY a recommendation.</p>
<p><a href="http://www.law.cornell.edu/rules/frcrmp/Rule11.htm" rel="nofollow">http://www.law.cornell.edu/rules/frcrmp/Rule11.htm</a></p>
<p>(scroll down about halfway)</p>
<p>I may be wrong, but I did stay at a Holiday Inn Express last night.</p>
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		<title>By: dd511dd</title>
		<link>http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/#comment-30650</link>
		<dc:creator>dd511dd</dc:creator>
		<pubDate>Wed, 02 Jul 2008 18:38:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/#comment-30650</guid>
		<description>Can someone explain how the guidelines on misprison of a felony for a defendant with no criminal history are 21 to 27 months?</description>
		<content:encoded><![CDATA[<p>Can someone explain how the guidelines on misprison of a felony for a defendant with no criminal history are 21 to 27 months?</p>
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		<title>By: lotus</title>
		<link>http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/#comment-30649</link>
		<dc:creator>lotus</dc:creator>
		<pubDate>Wed, 02 Jul 2008 18:36:41 +0000</pubDate>
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		<description>Thanks, Phantom. So it&#039;s a rule on a binding agreement of probation somehow?

Email from somebody in the Delta:

&lt;blockquote&gt;Today&#039;s events reminded me of  a day I watched in City Court years ago.  
 
The town drunk in court for his weekly appearance, the judge asks him, &quot;How do you plead?&quot; and he says, &quot;Guilty.&quot;  

His lawyer whispers in his ear and the town drunk jumps back in shock and says to the lawyer in a loud voice, &quot;Do you mean that I am not guilty?&quot;  

The lawyer tells the judge that his client wants to change his plea and the judge asks, &quot;How do you plead?&quot;  

&quot;Not guilty, I guess.&quot;&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>Thanks, Phantom. So it&#8217;s a rule on a binding agreement of probation somehow?</p>
<p>Email from somebody in the Delta:</p>
<blockquote><p>Today&#8217;s events reminded me of  a day I watched in City Court years ago.  </p>
<p>The town drunk in court for his weekly appearance, the judge asks him, &#8220;How do you plead?&#8221; and he says, &#8220;Guilty.&#8221;  </p>
<p>His lawyer whispers in his ear and the town drunk jumps back in shock and says to the lawyer in a loud voice, &#8220;Do you mean that I am not guilty?&#8221;  </p>
<p>The lawyer tells the judge that his client wants to change his plea and the judge asks, &#8220;How do you plead?&#8221;  </p>
<p>&#8220;Not guilty, I guess.&#8221;</p></blockquote>
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		<title>By: Phantom</title>
		<link>http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/#comment-30647</link>
		<dc:creator>Phantom</dc:creator>
		<pubDate>Wed, 02 Jul 2008 18:29:27 +0000</pubDate>
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		<description>Lotus,

I b&#039;leev an 11(c)(1)(c) would&#039;ve tied the judge&#039;s hands and forced him to sentence Zach to probation.  Without that, the door was wiiide open.

(Just in case NMC is still enjoying some cathead biscuits at BBB)</description>
		<content:encoded><![CDATA[<p>Lotus,</p>
<p>I b&#8217;leev an 11(c)(1)(c) would&#8217;ve tied the judge&#8217;s hands and forced him to sentence Zach to probation.  Without that, the door was wiiide open.</p>
<p>(Just in case NMC is still enjoying some cathead biscuits at BBB)</p>
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		<title>By: lotus</title>
		<link>http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/#comment-30646</link>
		<dc:creator>lotus</dc:creator>
		<pubDate>Wed, 02 Jul 2008 18:23:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/#comment-30646</guid>
		<description>NMC, can you translate &quot;There never was 11(c)(1)(C)&quot; for us, please?</description>
		<content:encoded><![CDATA[<p>NMC, can you translate &#8220;There never was 11(c)(1)(C)&#8221; for us, please?</p>
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		<title>By: NMC</title>
		<link>http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/#comment-30643</link>
		<dc:creator>NMC</dc:creator>
		<pubDate>Wed, 02 Jul 2008 18:07:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/#comment-30643</guid>
		<description>Oddest  moment:  The judge started the hearing about 8-10 mins early.  The marshals shut the courtroom, and there were people outside trying to get in to a seat.  I noticed a woman getting really insistent, and the marshal telling her no, she could not come in, it was too late.   Looking at the photo on the WSJ site, I see it was Zach&#039;s wife.</description>
		<content:encoded><![CDATA[<p>Oddest  moment:  The judge started the hearing about 8-10 mins early.  The marshals shut the courtroom, and there were people outside trying to get in to a seat.  I noticed a woman getting really insistent, and the marshal telling her no, she could not come in, it was too late.   Looking at the photo on the WSJ site, I see it was Zach&#8217;s wife.</p>
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		<title>By: duckweedpond</title>
		<link>http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/#comment-30641</link>
		<dc:creator>duckweedpond</dc:creator>
		<pubDate>Wed, 02 Jul 2008 18:02:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.folo.us/2008/07/02/judge-biggers-explains-the-sentence-and-mike-moore-argues-with-him/#comment-30641</guid>
		<description>&quot;I mean the tenor of the judge&#146;s remarks the other day should have clued him in.&quot;

That&#039;s what made me think Dickie might have offered something, Dragoman.  &#039;Course, that  hypotheses assumes that reason is in tact with the folks making decisions here.</description>
		<content:encoded><![CDATA[<p>&#8220;I mean the tenor of the judge&#8217;s remarks the other day should have clued him in.&#8221;</p>
<p>That&#8217;s what made me think Dickie might have offered something, Dragoman.  &#8216;Course, that  hypotheses assumes that reason is in tact with the folks making decisions here.</p>
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