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(Mercury News)   It takes a Presidential order to fix a clerical error. Thanks, Obama   (mercurynews.com) divider line 26
    More: Asinine  
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3428 clicks; posted to Politics » on 15 Apr 2014 at 6:19 PM (18 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



26 Comments   (+0 »)
   
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2014-04-15 05:17:45 PM
FTFA: It's only the 10th time Obama has used his power to cut the sentence of federal inmates....Obama commuted only one sentence in his first term but last December cut prison time for eight inmates sentenced under old guidelines that treated convictions for crack cocaine offenses harsher than those involving the powder form of the drug.

4.bp.blogspot.com

i.imgur.com i.imgur.com


He's saving it all up for the end. The last day of his term will be EPIC.
 
2014-04-15 05:29:47 PM
Obama commutes sentence made longer by typo

What the hell font where they using?  Paunchy UI Bold?
 
2014-04-15 06:33:35 PM
Kiser rejected Cantu's motion last year because it wasn't filed within the one-year statute of limitations. "While I am sympathetic to petitioner's position, I am not permitted to disregard the law," Kiser wrote.

It kind of worries me that there is a statute of limitations for this kind of thing.
"Hey, you guys made a mistake right here on this form, the consequences of which are unfairly punishing!"
"Yes, we sure did, and yea, they sure are, but since you didn't point it out to us last week, you're screwed. Sorry, thanks for playing."
 
2014-04-15 06:34:40 PM
"The president believes that one important purpose can be to help correct the effects of outdated and overly harsh sentences that Congress and the American people have since recognized are no longer in the best interests of justice,"

Would this be the same president and administration that wanted to give a boy 50+ years for violating a websites TOS and put so much pressure on him for a BS trumped up charge that he ended up killing himself.....   And NOW they want to talk about overly harsh sentences....
 
2014-04-15 06:46:58 PM
Obama:  Soft on crime.
 
2014-04-15 06:49:00 PM

Warlordtrooper: "The president believes that one important purpose can be to help correct the effects of outdated and overly harsh sentences that Congress and the American people have since recognized are no longer in the best interests of justice,"

Would this be the same president and administration that wanted to give a boy 50+ years for violating a websites TOS and put so much pressure on him for a BS trumped up charge that he ended up killing himself.....   And NOW they want to talk about overly harsh sentences....


Obama made a child kill himself?
I am unfamiliar with this story, linky?
 
2014-04-15 06:52:18 PM
DAMN that Pbama going around doing good deeds! Will this reign of terror never end?!
 
2014-04-15 07:00:17 PM
Still no cure for casual Fribsday. Or carpoop.


/obscure?
 
2014-04-15 07:00:47 PM

Kome: Kiser rejected Cantu's motion last year because it wasn't filed within the one-year statute of limitations. "While I am sympathetic to petitioner's position, I am not permitted to disregard the law," Kiser wrote.

It kind of worries me that there is a statute of limitations for this kind of thing.
"Hey, you guys made a mistake right here on this form, the consequences of which are unfairly punishing!"
"Yes, we sure did, and yea, they sure are, but since you didn't point it out to us last week, you're screwed. Sorry, thanks for playing."


Yeah, that's pretty farked up. They have a Get Out Of Jail Free card for putting you IN jail, basically.

And can we all agree not to link that farking website again? It's one of those goddamm ones where 'back' just reloads the farking page. I don't know if they do that on purpose or what, but I hate sites you can't hit the back button and get out of. Especially if I happen to be in my phone.
 
2014-04-15 07:10:20 PM

Isitoveryet: Warlordtrooper: "The president believes that one important purpose can be to help correct the effects of outdated and overly harsh sentences that Congress and the American people have since recognized are no longer in the best interests of justice,"

Would this be the same president and administration that wanted to give a boy 50+ years for violating a websites TOS and put so much pressure on him for a BS trumped up charge that he ended up killing himself.....   And NOW they want to talk about overly harsh sentences....

Obama made a child kill himself?
I am unfamiliar with this story, linky?


Aaron Swartz was arrested for wire fraud and 11 violations of the Computer Fraud and Abuse Act. Which was enacted by Congress in 1986 and last amended in 2008. He was arrested by MIT police and was being prosecuted under a law enacted long before President Obama or his adminstration came into play, so you really can't try to place all the blame on the Obama administration.

And FYI-Swartz wasn't a "boy". He was 26 years old at the time of his death.
 
2014-04-15 07:20:26 PM

Bathia_Mapes: Isitoveryet: Warlordtrooper: "The president believes that one important purpose can be to help correct the effects of outdated and overly harsh sentences that Congress and the American people have since recognized are no longer in the best interests of justice,"

Would this be the same president and administration that wanted to give a boy 50+ years for violating a websites TOS and put so much pressure on him for a BS trumped up charge that he ended up killing himself.....   And NOW they want to talk about overly harsh sentences....

Obama made a child kill himself?
I am unfamiliar with this story, linky?

Aaron Swartz was arrested for wire fraud and 11 violations of the Computer Fraud and Abuse Act. Which was enacted by Congress in 1986 and last amended in 2008. He was arrested by MIT police and was being prosecuted under a law enacted long before President Obama or his adminstration came into play, so you really can't try to place all the blame on the Obama administration.

And FYI-Swartz wasn't a "boy". He was 26 years old at the time of his death.


But it was Obama's fault because Obama and furthermore comma.
 
2014-04-15 07:23:25 PM

Bathia_Mapes: Isitoveryet: Warlordtrooper: "The president believes that one important purpose can be to help correct the effects of outdated and overly harsh sentences that Congress and the American people have since recognized are no longer in the best interests of justice,"

Would this be the same president and administration that wanted to give a boy 50+ years for violating a websites TOS and put so much pressure on him for a BS trumped up charge that he ended up killing himself.....   And NOW they want to talk about overly harsh sentences....

Obama made a child kill himself?
I am unfamiliar with this story, linky?

Aaron Swartz was arrested for wire fraud and 11 violations of the Computer Fraud and Abuse Act. Which was enacted by Congress in 1986 and last amended in 2008. He was arrested by MIT police and was being prosecuted under a law enacted long before President Obama or his adminstration came into play, so you really can't try to place all the blame on the Obama administration.

And FYI-Swartz wasn't a "boy". He was 26 years old at the time of his death.



Thank you very much for the info. can't say i am familiar with the case.

my google search of: Obama+administration+boy 50+ years for violating a websites TOS+killing himself came up empty every time.

Warlordtrooper, you should be ashamed of yourself.
 
2014-04-15 07:36:14 PM
yeah, that story (Aron Swartz) just isn't ringing a bell, I'm having a difficult time accepting that i have never heard/read/seen anything about him.

maybe i was drunk.
 
2014-04-15 07:46:32 PM

Isitoveryet: yeah, that story (Aron Swartz) just isn't ringing a bell, I'm having a difficult time accepting that i have never heard/read/seen anything about him.

maybe i was drunk.


It was a pretty big deal, I guess, in some communities.  It was big over at reddit and with the EFF and other activist organizations.  I'm somewhat surprised more people don't know about it.  There was a recent documentary about it. http://www.imdb.com/title/tt3268458/
 
2014-04-15 07:48:22 PM

Isitoveryet: Thank you very much for the info. can't say i am familiar with the case.

my google search of: Obama+administration+boy 50+ years for violating a websites TOS+killing himself came up empty every time.

Warlordtrooper, you should be ashamed of yourself.


If every troll/shill on Fark.com were ashamed of themselves for posting their BS they would be in a shame spiral from which there is no recovering...
 
2014-04-15 07:56:14 PM
This is totally what I'm getting all riled up about today. Totally.
 
2014-04-15 07:57:42 PM

Bathia_Mapes: Isitoveryet: Warlordtrooper: "The president believes that one important purpose can be to help correct the effects of outdated and overly harsh sentences that Congress and the American people have since recognized are no longer in the best interests of justice,"

Would this be the same president and administration that wanted to give a boy 50+ years for violating a websites TOS and put so much pressure on him for a BS trumped up charge that he ended up killing himself.....   And NOW they want to talk about overly harsh sentences....

Obama made a child kill himself?
I am unfamiliar with this story, linky?

Aaron Swartz was arrested for wire fraud and 11 violations of the Computer Fraud and Abuse Act. Which was enacted by Congress in 1986 and last amended in 2008. He was arrested by MIT police and was being prosecuted under a law enacted long before President Obama or his adminstration came into play, so you really can't try to place all the blame on the Obama administration.

And FYI-Swartz wasn't a "boy". He was 26 years old at the time of his death.


He was a quixotic person, but misguided in his efforts.
 
ZAZ [TotalFark]
2014-04-15 08:04:11 PM
At the time of sentencing, the Supreme Court had declared the sentencing guidelines advisory rather than mandatory. The judge could have imposed a lesser sentence.
 
2014-04-15 08:24:04 PM
What freaking presidential overreach!  So now Mr Commie thinks he knows better than judges?  When will this reign of terror end?!
 
2014-04-15 08:47:31 PM

Isitoveryet: yeah, that story (Aron Swartz) just isn't ringing a bell, I'm having a difficult time accepting that i have never heard/read/seen anything about him.

maybe i was drunk.


It was big news in the open source community but that's not exactly a huge audience.
 
2014-04-15 09:53:14 PM
 
2014-04-15 10:37:52 PM

Kome: It kind of worries me that there is a statute of limitations for this kind of thing.
"Hey, you guys made a mistake right here on this form, the consequences of which are unfairly punishing!"
"Yes, we sure did, and yea, they sure are, but since you didn't point it out to us last week, you're screwed. Sorry, thanks for playing."


There was a story I recall about an eleven or twelve year old girl who was upset that her mother was dating soon after a divorce, so she claimed the boyfriend molested her.  She figured mom would break up with him, but was too scared to tell the truth once the police were involved.

Guy got a long prison sentence, and when the girl finally confessed she made the story up, his appeal was denied because the judge ruled this new evidence wasn't admissible in an appeal because it should have been introduced by the defense in the original trial.  Last I heard of that story, all three of them were hoping for a governor's pardon, as that was the only legal recourse left.
 
2014-04-15 11:40:19 PM

Sum Dum Gai: his appeal was denied because the judge ruled this new evidence wasn't admissible in an appeal because it should have been introduced by the defense in the original trial.


That judge needs to have his balls chopped off.
 
2014-04-16 01:19:12 AM

ReverendJasen: Sum Dum Gai: his appeal was denied because the judge ruled this new evidence wasn't admissible in an appeal because it should have been introduced by the defense in the original trial.

That judge needs to have his balls chopped off.


Appellate courts don't retry the case. All they do is look at the original case and decide if there were any reversible errors that warrant overturning the verdict. This is a nicety of appellate review that often escapes the layperson (and sometimes even lawyers)--just because a witness recants, or other evidence of innocence is produced later, the appellate court may not be free to consider it, because all they can consider is: Was this evidence part of the original trial OR was it improperly excluded/included in the first trial?

Without knowing all the facts in this case (and hardly being an appellate attorney), my suspicion is that the girl's recantation was refused because this is the type of evidence that can't be considered at the appellate level. It "should" be, of course, but that's not the role of the appellate court. All they can look at is a) was the evidence available at the time of the original trial? (No--because the girl hadn't recanted yet), b) was it improperly excluded by the trial judge (no--same reason), or c) was it introduced but improperly overturned? (no, same reason).

Now, I know that exculpatory evidence can be grounds to request a new trial on the merits; but that's not done at the appellate level either, at least not the first round of appeals.
 
2014-04-16 03:00:06 AM

Kome: Kiser rejected Cantu's motion last year because it wasn't filed within the one-year statute of limitations. "While I am sympathetic to petitioner's position, I am not permitted to disregard the law," Kiser wrote.

It kind of worries me that there is a statute of limitations for this kind of thing.
"Hey, you guys made a mistake right here on this form, the consequences of which are unfairly punishing!"
"Yes, we sure did, and yea, they sure are, but since you didn't point it out to us last week, you're screwed. Sorry, thanks for playing."


Because it's a range.  The sentence was still in line for the crime.  The judge has discretion on the range.  It's not at all clear that he would have received the lower sentence or that the prosecutor would have recommended the lower sentence.  They limit the time that these appeals can be filed.  He's actually quite lucky as sometimes errors are actually validated by the court and it would have sucked if the court just updated the pre-sentence report and said the sentence is still within discretionary guidelines.

had he found it in time, it's likely to go:
"Hey, you guys made a mistake right here on this form, the consequences of which are unfairly punishing!"
"Yes, we sure did, So the fair range changes from 13-20 years to 11-18 years.  The original sentence is still within the fair range.  The pre-sentence report record is updated to reflect the new range, the sentence is affirmed."
 
2014-04-16 07:19:47 AM

The Tony Danzas: Obama:  Soft on crime.


I swear to god this is exactly what Foxed-up News was running this morning. over this issue.

I don't watch Fox News, EVAR. To me it's just another click on the way to a channel I want to watch.
I'm out of state for work right now. The motel breakfast lounge had Fox on. One geriatric old white male there said to his geriatric old white wife, "Damned Obama lets his murdering ni&&er drug dealing friends out of jail while trying to throw honest law abiding ranchers in."
 
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