On Thu, Feb 26, 2009 at 21:01, Kerim Aydin <ke...@u.washington.edu> wrote: [snip] >>> And what's wrong with addressing this in a sentencing appeal, anyway >>> (e.g. "yes e technically could have known, but it's because e took the >>> advice of others, so DISCHARGE is just fine"). I'm leery of setting >>> culpability decisions that allow people to hide behind "hey, I kinda >>> knew this was illegal but wasn't sure, so I couldn't have known". >> >> The sentencing rules don't force the judge to take this factor into >> account at all (a sentence of APOLOGY or SILENCE is probably still >> appropriate), so it's not clear that an appeal could rightly remedy >> it. > > If you don't thing the result is "just", as you say above, then a > sentence of DISCHARGE is appropriate because another result would be > "manifestly unjust".
The sentence of DISCHARGE being appropriate doesn't change the appropriateness of the other sentences. This may mean that no judgment other than AFFIRM would be appropriate in the hypothetical appeal. -woggle
