July 21--My reading of the 23-page appellate opinionjust released in the case of imprisoned former Gov. Rod Blagojevich is that it will probably go down as a defeat for the defendant.
"Blagojevich now asks us to hold that the evidence is insufficient to convict him on any count. The argument is frivolous. The evidence, much of it from Blagojevich's own mouth, is overwhelming. (Overturning five of 18) counts does not affect the range calculated under the Guidelines. It is not possible to call 168 months unlawfully high for Blagojevich's crimes, but the district judge should consider on remand whether it is the most appropriate sentence...
Because we have affirmed the convictions on (13 of 18) counts and concluded that the advisory sentencing range (still) lies above 168 months, Blagojevich is not entitled to be released pending these further proceedings.
In other words, we're overturning five of these convictions from his second trial and sending them back for retrial. The others stand. The sentencing judge needs to decide if the existing sentence should stand. The opinion gives the judge plenty of room to decide that, yes, the overall sentence should stand even if, as I suspect, the U.S. attorney's office declines to put all of us through Blagojevich III.
Maybe with a little time and a little genuine humility from that chirpy sleazeball, the judge will cut that strikingly long sentence down by a few years. I'd be satisfied. You?
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