THE ROBING ROOM

Another case where even the 9th circuit had to reverse and remand a straight-forward sentencing case. 08-15265 Chioino V Kernan, Waden. Original sentence was 22 yrs, 6 yrs doubled + 10 yr mand consecutive. After State courts affirmed Judge Patel, ruled that Blakely Violation existed. She apparently didnt like the original 6 yr sentence and thought a 4yr sentence was more appropriate. thus with a doubling and the 10 yr mandatory the sentence should have been 18 yrs not 22. So instead of remanding for re-sentencing she ordered CA to revise sentence directly citing ex post facto concerns. What? Needless to say the 9th circuit reversed and remanded - abuse of discretion yet again by this activist Judge.