Posted on 01/13/2022 2:23:46 AM PST by Libloather
A Pilot Mountain woman who took her 14-year-old son into the U.S. Capitol building on Jan. 6, 2021, is challenging the sentence she received last week - three-months in federal prison followed by three years of probation.
Virginia Marie Spencer, 38, pleaded guilty on Sept. 9, 2021, to a misdemeanor charge of parading, demonstrating or picketing in a federal building.
U.S. District Judge Colleen Kollar-Kotelly sentenced Spencer after a hearing on Jan. 7.
Allen H. Orenberg, Spencer’s attorney, filed a motion Tuesday, asking Kollar-Kotelly to enter an order correcting her sentence. He also asks the judge to delay the sentence until the alleged mistake is corrected.
In court papers, Orenberg said Kollar-Kotelly was wrong to impose both an active prison sentence and a probationary sentence. Because Spencer pleaded guilty to a misdemeanor charge for what Orenberg says is legally a petty offense, Kollar-Kotelly was not authorized to sentence Spencer to a three-months in federal prison followed by probation.
“The Court should either impose a sentence of imprisonment, without a term of supervised released (sic), or a period of ‘straight’ probation, or a period of probation with a special condition of home confinement,” Orenberg said.
(Excerpt) Read more at journalnow.com ...
Two last name people should not be judging,
“... where former President Donald Trump falsely claimed that the election was stolen from him through fraud. There’s no evidence for this claim.”
Is this from the Editorial section of the site?
Come on, don’t you remember that was the same sentence for all those protesters inside the Capital for the Kavanaugh hearings......... 🤔🤔🤔🤔🤔 never mind.....
The judge knows.
The judge also knows that it wiil cost the defendant lots of legal fees to fix it, which adds to the effective punishment.
The objective is to maximize effective punishment.
-PJ
I’d call in an expert witness, say, Ray Epps.
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