Former Wal-Mart exec faces resentencing

[Judi Lynn]

Source: Associated Press

Former Wal-Mart exec faces resentencing
The Associated Press
Article Launched: 08/28/2007 08:44:36 AM PDT


BENTONVILLE, Ark.—A former Wal-Mart executive who was sentenced to home detention in a fraud case got off too light and must be sentenced again, an appeals court ruled Tuesday.

Prosecutors had argued U.S. District Judge Robert T. Dawson failed to consider the gravity of Tom Coughlin's offense while giving him credit as a pillar of the community.

The 8th U.S. Circuit Court of Appeals agreed, saying the sentence of 27 months of home detention and 33 months of additional probation was too lenient.

"Perhaps Coughlin's family ties and station in the community, as well as his lofty corporate position of trust and power, exacerbate the nature of his crimes, especially for Coughlin's victims: Wal-Mart, and more generally, American businesses," the court wrote in a split decision.



Read more: http://www.mercurynews.com/breakingnews/ci_6740064

[Hawkeye-X]

1. Needs 50 years in PMITA prison

and no chance for parole.

[liberal N proud]

2. Coughlin is the reason Wal-Mart no longer cares for it's people

It is also the reason they stopped promoting American goods over cheap Chinese shit.

[napi21]

3. HOLY COW! I didn't know they could do THAT!

I always thought once you were sentenced, you could never get an INCREASED sentence, but only a reduction or dismissal of charges?

[lonestarnot]

4. Court of Appeals. Sentence appealed.

[napi21]

5. Yes I know, but I don't think I've ever heard of a sentence increase

before! Or at least the possibility of an increase.

[Solon]

6. I think this is quite rare, and only occurs when....

The appeals court feels that the Prosecution didn't push a sentence hard enough, or a Judge showed some bias, but not enough to warrant an ethics investigation.

[napi21]

7. I have to believe it's VERY RARE! Why would so many people appeal

if there was even an average risk that things could be worse? I'm glad the Appeals court rulled the way it did, just surprised!

[Solon]

8. I am not a lawyer, but I believe that the appeals go through a vetting process...

before being put up on the docket of the appeals court. First, either the prosecution or defense can appeal, outside of not guilty verdicts in criminal trials, double jeopardy kicks in there, but for everything else, anything goes, pretty much. However, if there are no obvious irregularities, then the appeal can be dismissed, though, and this is where it gets confusing, you can skip that appeals court and go to a higher one(federal) for review.

The only exceptions to this are not guilty verdicts, as mentioned, and death sentences, which are usually subject to automatic appeals(neither side needs to initiate them) and they cannot be dismissed out of hand, but reviewed by the appeals courts. The other exception would be if exculpatory evidence is revealed later that either calls for a new trial or exonerates a defendant.

Just an FYI, I could be COMPLETELY wrong about this, my only run in with the courts is when I was sued by a former landlord for something I didn't do.