Ruling makes sentencing challenges harder

Published: June 21, 2007 at 3:42 PM

WASHINGTON, June 21 (UPI) -- The U.S. Supreme Court rejected a decorated veteran's challenge to a 33-month prison term Thursday, in a ruling expected to make similar appeals harder.

The high court, in an 8-1 decision, upheld a finding by a federal appeals court that a sentence within the guidelines is "presumptively reasonable."

Victor Rita, a veteran of the Vietnam War and the 1991 Gulf War and a former federal employee, was sentenced for lying to a grand jury during an investigation by the Bureau of Alcohol, Tobacco and Firearms into the sale of machine-gun kits. The trial judge gave him a sentence at the low end of the guidelines. Rita's lawyer sought a lower sentence, citing his health and other factors including his military service.

Federal sentencing has been uncertain since the court ruled last year that the guidelines, adopted 20 years ago, are advisory, not mandatory.

Justice David Souter was the only dissident in the Rita case.

© 2007 United Press International, Inc. All Rights Reserved.
Order reprints



Additional News Stories
Herschel studying massive dying star (25 min)
UPI NewsTrack Business
Black Friday shoppers numerous, cautious
Indian automaker Tata posts 3Q profit
Farmers' crisis hotlines heating up
Ministers: No big Dubai fallout for India
Woods' wife used golf club to free him
fark
The world's tallest model stands at 7 feet tall. With 'you'd hit it if you were tall enough' pics...
Goth leather pagan robs bank, gives the money away, turns himself in. Ta-WTF?
U.S. journalist grilled at Canada border crossing because officials demanded to know what she would...
Today's perfectly cromulent headline brought to you by Australia: "World leaders spruik climate...
Mobile, Alabama's WPMI-TV learns the consequences of posting your breaking news tweets on an electronic...
"Nude model Kathleen Neill gets off after getting naked in Met". In related news, CBS has a new...