"the three charges in the indictment contained nearly identical elements and could subject the defendants to extra punishment for the same act"
I'm confused. The judges reject charges that might cause additional punishment for the same crime, but enhancing punishment for a crime because it is also a "Hate Crime" is ok? \sarc
"the three charges in the indictment contained nearly identical elements and could subject the defendants to extra punishment for the same act"
I'm confused. The judges reject charges that might cause additional punishment for the same crime, but enhancing punishment for a crime because it is also a "Hate Crime" is ok?
Just to be clear here, although appointed by GWB, Judge Cooke has taken an activist, anti-administration role in this case, right from the beginning.
The 11th Circuit reversed Judge Cooke, and reinstated the charges against Padilla.