[BenLurkin]

Did Judge Aiken act sua sponte or did the prosecution bring a motion for resentencing (if such a thing is even possible)?

[Talisker]

Good question. This whole thing is very weird.

[ez]

I read that the prosecutor appealed the judge’s decision.

[taraytarah]

Protestors have been posting videos, saying none of the truth is getting out. Possibly that’s why the Prez candidates seemingly aren’t even aware of the reason for the protests. US propaganda media.

[DoodleDawg]

Did Judge Aiken act sua sponte or did the prosecution bring a motion for resentencing (if such a thing is even possible)?

The government appealed the sentence claiming that it violated the law they were convicted under. That carried a mandatory five year minimum sentence.

[The All Knowing All Seeing Oz]

Departures from Federal Sentencing Guidelines, either up or down, are appeal-able by either People or Defs.

Either way, the revised and expanded sentences stand unless stayed for an appeal.

Instant case Defs would probably appeal or have probably appealed, but the matter of revisable sentences is settled law, and the time for appeal of the original conviction is probably well passed.

Defs are SOL and the gunslingers will only make it worse for them.

[Lurking Libertarian]

Did Judge Aiken act sua sponte or did the prosecution bring a motion for resentencing (if such a thing is even possible)?

The prosecution appealed the sentence (which the Government is allowed to do if the sentence is illegal, e.g., less than the statutory mandatory minimum). The Court of Appeals ordered the resentencing and sent the case back down to Judge Aiken.

[Eva]

I don’t think that a court can have a do over after the first sentence has already been served. That is why it is double jeopardy.