9th circus court of appeals actually does something right

I guess maybe pigs do fly, hell did freeze over and the 9th Circuit got
something right, and in the process corrected a wrongly handed down
decision.The scum sucking terrorist Ressam must be sentenced again
and without Justice U.S. District Judge John Coughenour who is to be 
removed  from the case.

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9th Circuit Court of Appeals rules Sentence terrorist
Ressam again.

Seattle P-I

The 9th U.S. Circuit Court of Appeals has ordered that Ahmed Ressam, a convicted terrorist arrested in December 1999 in Port Angeles with a car full of explosives, be sentenced again. And this time, the court has ordered that U.S. District Judge John Coughenour, who presided over Ressam’s trial and his sentencing and re-sentencing, not be involved.


Ressam also will likely face a much longer sentence, given that the appeals court noted several times how much lighter his 22-year sentence was than what sentencing guildelines call for. In a 2-1 decision, the court’s majority said Coughenour’s sentence — 43 years below the low range of the federal sentencing guidelines — was “both procedurally and substantively unreasonable.”

It concluded: “The district judge’s previously expressed views appear too entrenched to allow for the appearance of fairness on remand. For these reasons, we direct that the case be reassigned to a different judge for resentencing.” A new judge could be assigned in three weeks, prosecutors said. Ressam’s attorneys could appeal, and they have not responded to requests for comment. The U.S. Attorney’s Office in Seattle, which has sought a longer sentence, greeted the appeals court ruling with approval,

“Our primary mission is to protect the public. We are gratified that the Court of Appeals recognized the importance of public safety at sentencing and that Mr. Ressam remains a threat to the public.” said U.S. Attorney Jenny A. Durkan in a statement. “We have the greatest respect for Judge John Coughenour and his hard work on a difficult case. However, we maintain that to protect the public, and deter others, a longer prison sentence is necessary.” In December 2008, the U.S. Attorney’s Office in Seattle appealed the 22-year sentence imposed Ressam. Ressam, an Algerian, had intended to set off the explosives at Los Angeles International Airport around New Year’s Eve 1999.

Here is more from the L.A. Times


Ressam was detained in Washington state in December 1999 when he attempted to smuggle explosives into the United States on a ferry from Canada with plans to detonate them at LAX. He initially cooperated with interrogators and provided what Coughenour termed vital insight into the workings of terrorist organizations like Al Qaeda.


But Ressam ceased helping federal agents and retracted his statements implicating other terror suspects after being subjected to solitary confinement and what he considered interrogation excesses.

Coughenour twice rejected the federal sentencing recommendation of 65 years in prison for the terrorism conspiracy offense, a position the 9th Circuit panel said constituted procedural error. The judge also failed to consider the potential national security consequences for the U.S. public if Ressam were to be released after only a 22-year term, as he would be only 53 years old, the appeals panel said. Ressam, now 42, has remained incarcerated the federal Supermax prison in Florence, Colo., throughout the legal appeals of his sentence.

Coughenour’s behavior over time has been reprehensible, at best. One wonders just
who's side he is on. This must be added as well from Morgen Richmond at Verum Serum reported, Coughenhour spoke at George Soros’s Open Society Institute and shrugged off the prospect of Gitmo detainee releases as the “price we pay” for granting them the full panoply of constitutional rights in civilian trials. Got that? The price WE PAY for granting them full
Constituional rights. Not only does Coughenour  deserve to be removed from this case, he
should be censured and removed from the 9th circuit for good.

His retort: “So be it.”

The American people would retort "So be it" after his removal, if it could be done.
 
Hat tip: Michelle Malkin