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"Thank goodness for courts and judges who know the Constitution and follow the law."

By David Oscar Markus

That's the concluding sentence from a glowing editorial about Judge Cooke's handling of the Padilla sentencing. Here's more:

The punishment that Jose Padilla and two codefendants will get for conspiring with Islamic jihadists is both measured and fair. U.S. District Court Judge Marcia G. Cooke could have given Padilla a life sentence, but instead sentenced him to 17 years and four months in prison. That is less time than prosecutors asked for and more than defense lawyers hoped for -- but it is entirely commensurate with the crimes for which the three men were convicted.
This judgment and trial have been good illustrations of how the U.S. justice system should work: an impartial and fair assessment of the facts and evidence, followed by a correct apportionment of punishment, or if the case warrants, relief for the defendants.

And Vanessa Blum describes the jail where Padilla will likely serve this time. Certainly no cake walk:

Within the super-maximum security federal prison in Florence, Colo., rumors tell of a unit for terrorists called "Bombers Row." If it exists ? and the Bureau of Prisons isn't telling ? that is where Jose Padilla, the man once dubbed the "dirty bomber," will likely serve his 17-year prison term alongside many of the country's most notorious and dangerous criminals. The fortress-like facility outside Colorado Springs, formally ADX Florence, is known to prison experts as the "Alcatraz of the Rockies" and to its roughly 500 inmates as "The Tombs."
ADX is government shorthand for Administrative Maximum U.S. Penitentiary. Lawyers for Padilla use a simpler moniker to describe his possible jail: "hell."

And here's Curt Anderson on the chances of a government appeal:

U.S. prosecutors face steep legal hurdles if they appeal the prison terms imposed on Jose Padilla and two other men convicted of terrorism conspiracy and material support charges because of the broad powers federal judges enjoy in deciding sentences.Only a few years ago, judges were required to more closely follow federal sentencing guidelines and deviations were difficult. But with its 2005 U.S. vs. Booker decision, the U.S. Supreme Court began a series of rulings handing judges far more discretion to vary sentences based on individual circumstances.It was this authority that U.S. District Judge Marcia Cooke relied upon Tuesday when she rejected a sentencing guideline range of between 30 years and life for Padilla and his two co-defendants, settling instead on much lesser prison terms for all three. Prosecutors had argued for life.

And finally, here's Jay Weaver on Padilla's mom's reaction:

After Tuesday's sentencings, Padilla's mother, Estela Ortega-Lebron, shouted ''Praise the Lord'' and ''Hallelujah'' as she left the courthouse.
Ortega-Lebron, who lives in Plantation and attended most of the three-month trial, said the judge's decision not to give Padilla life was proof that her son was not a terrorist.
''He's not a terrorist,'' she said. ``He's not an enemy combatant. He's not al Qaeda or the Taliban. He's a human being.''
Ortega-Lebron, who called the government's treatment of her son ''insane,'' said he has suffered psychologically from his time in isolation in the military brig and in federal detention. ''Mentally, he won't be like me and you,'' she said.

Full post as published by Southern District of Florida on January 24, 2008 (boomark / email).