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Court Declares Terrorist's 17-Year Sentence Too Short

Alleged 'dirty bomb' maker's sentence 'a clear error'

By Kevin Spak,  Newser Staff

Posted Sep 19, 2011 6:59 PM CDT

(Newser) – A federal appeals court voted 2-1 today to throw out the 17-year sentence handed to alleged “dirty bomber” Jose Padilla, saying that it was too low given his criminal history and the threat he poses. “Padilla’s sentence of 12 years below the low end of the Guidelines range reflects a clear error of judgment,” the majority wrote in their ruling, according to ABC News. “Padilla poses a heightened risk of future dangerousness due to his al-Qaeda training.”

The dissenting judge said she disagreed, because overturning the sentence “simply substitutes this Court’s sentencing judgment for that of the trial judge, in whom that authority inheres.” When Padilla was arrested in 2002, John Ashcroft accused him of plotting to blow up a dirty bomb, but when he was eventually brought to trial in civilian court, there was no mention of a bomb—he was merely accused of being part of a cell that funneled recruits and cash to al-Qaeda and other terrorists. A new sentencing hearing will be scheduled.

In this Jan. 5, 2006 file photo, Jose Padilla, center, is escorted to a waiting police vehicle by federal marshals near downtown Miami.
In this Jan. 5, 2006 file photo, Jose Padilla, center, is escorted to a waiting police vehicle by federal marshals near downtown Miami.   (AP Photo/J. Pat Carter, File)
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COMMENTS
Showing 3 of 7 comments
Count-Spatula
Sep 19, 2011 11:27 PM CDT
Wait, which of John Ashcroft's host of shifting accusations deserves further punishment? The lynchpin of Christian society is scapegoating; as a salve to make moral inferiors feel morally superior.
brawne
Sep 19, 2011 8:24 PM CDT
Merely accused of funneling money?  Well, no problemo.  The saddest thing beyond all the other sad things about 9/11 is that Atta took all the cash they still had and put it in a Fedex back to Yemen.  How sad is that--hundreds of thousands in cash and the damn Fedex place was within sight of the NSA headquarters?  I mean the guy knew he was gonna die and still sent all the money back.  That's fucking discouraging.  This guy, Padilla,--needs a Chinese bullet where they just shoot you and charge your mom for the bullet cause it's all about money.  Nothing in this world happens without the money.
getoffmylawn
Sep 19, 2011 8:01 PM CDT
National Security State out of control.  Seventeen years in prison is certainly enough for a young man to ponder his mistakes, esp if he had counseling and rehabilitation.. But of course, w/ the Republican seizure of America, including the for-profit takeover of prisons by greedy corporations aided by corrupt politicians, this man will have no chance to see his wrongful ways.  Instead, he will become more incorrigible, which will lengthen his sentence.  This will make the Republicans and Fox News mouthbreathers happy, until they find themselves in prison too.  

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