7.10.2005

It Gets Worse: Congress Tells Court to Change a Ruling it Doesn't Like

I feel like I'm watching a Terry Gilliam film.

Here's this:

n an extraordinary move, the chairman of the House Judiciary Committee privately demanded last month that the 7th U.S. Circuit Court of Appeals in Chicago change its decision in a narcotics case because he didn't believe a drug courier got a harsh enough prison term.

Rep. James Sensenbrenner (R-Wis.), in a five-page letter dated June 23 to Chief Judge Joel Flaum, asserted that a June 16 decision by a three-judge appeals court panel was wrong.

He demanded "a prompt response" as to what steps Flaum would take "to rectify the panel's actions" in a case where a drug courier in a Chicago police corruption case received a 97-month prison sentence instead of the at least 120 months required by a drug-conspiracy statute.

"Despite the panel's unambiguous determination that the 97-month sentence was illegal, it appears to ... justify the sanctioning of both the illegal sentence and its own failure to [increase the sentence] by stating `[that the panel's decision] not to take a cross-appeal [ensures] that the [courier's] sentence cannot be increased.' The panel cites no authority for this bizarre proposition and I am aware of none," wrote Sensenbrenner, who cited a 1992 ruling as precedent for his argument that the longer prison term should have been imposed.