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Oral Arguments for Siegelman Appeal Postponed
LA-Fed-Prison
The Oral Argument to to made before the Eleventh Circuit Court of Appeals, tentatively scheduled for July 28, has been pushed back to October 13, 2014.

Dear Friend,

I have received an avalanche of prayers and well wishes for tomorrow's hearing! With this kind of support I can't see how we can lose! Thank you from the bottom of my heart!

But my oral arguments, previously scheduled to be presented on July 28th, have been pushed back to October of this year. So hold on to those prayers and well-wishes for a little while longer.

Let me take this opportunity to review the two reasons that the Court of Appeals is willing to hear my arguments. As you know, the Eleventh Court of Appeals, while regarding my case as extraordinary, upheld the verdict in my trial. However, they did order the upcoming hearing - now postponed at least 2 1/2 months - on two claims.

Governor Siegelman has a request:
Please e-mail the U.S. Sentencing Commission at pubaffairs@ussc.gov and ask the Commission to consider for its next priorities:

1. Acquitted Conduct: In today's federal court rooms across America, inmates such as Don Siegelman were given extra time in prison for matters for which the jury found him not guilty. The trial judges add years to a defendant's sentence for charges that were alleged, but for which the defendant was acquitted, found not guilty by the jury...they were found by the jury not to have done the crime...so they shouldn't be made BY A JUDGE to do the time. But trial judges CAN and DO add time for matters which the jury did not find the defendant guilty and for which the defendant did not plead guilty. It is simply not fair or just for a JUDGE to override a JURY and add years to a defendant's sentence for matters for which they were acquitted.

2. Gun Charge enhancements: Once again the trial judge can add years to a defendant's sentence if a gun is found...not on the defendant but at his home, on a nightstand by his bed for example. This happened to Stewart Gavin. Without any showing that the defendant ever possessed a gun to further his crime, say transporting money or drugs, years can be added. Even though the Second Amendment guarantees the Right to keep and bear arms, a FIRST TIME OFFENDER,  legally in possession of a legally purchased firearm, has years added to their sentence. This is so even though there is no mention of a gun charge in the indictment, at trial or in any plea agreement. No testimony saying the defendant ever was seen with a gun...It is violative of the defendant's Second Amendment Rights and Sixth Amendment Right not to have such a charge proven beyond a reasonable doubt BY A JURY. Judges should not be allowed to add such a gun charge. Juries should decide.

Please shoot an email to the Sentencing Commission at pubaffairs@ussc.gov today! Thanks,

Don Siegelman

Originally posted to Karen Hedwig Backman on Mon Jul 28, 2014 at 08:55 AM PDT.

Also republished by Justice Gone Wrong.

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