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Boulder That Was Pushed Over The Edge
— An appeals court has upheld the 10-year prison sentence for a woman who admitted to pushing a boulder off a cliff in Glacier National Park in July 2013, just days after the park opened.
A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled Thursday that federal prosecutors did not breach an agreement with the guilty party, who pleaded guilty to this crime.
A plea agreement was reached in December 2013, after jurors heard the evidence before closing arguments were made.
During oral arguments two weeks ago in Portland, Oregon, her attorney said prosecutors unfairly claimed at sentencing that this was premeditated and argued for a sentence in line with this premeditated crime.
The justices ruled Thursday that the plea deal did not prohibit such arguments.
The justices also noted that U.S. District Judge sentenced her to the low end of the 10 years-to-life sentence recommended by prosecutors.
The panel also found that the judge did not abuse his discretion in denying their motion to withdraw her guilty plea after prosecutors submitted their sentencing memo.
The justices rejected several other arguments by the defense attorney that sought to reduce her sentence. He was not available Friday morning for comment on whether he planned to ask a full panel of the appeals court to consider his arguments.
A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled Thursday that federal prosecutors did not breach an agreement with the guilty party, who pleaded guilty to this crime.
A plea agreement was reached in December 2013, after jurors heard the evidence before closing arguments were made.
During oral arguments two weeks ago in Portland, Oregon, her attorney said prosecutors unfairly claimed at sentencing that this was premeditated and argued for a sentence in line with this premeditated crime.
The justices ruled Thursday that the plea deal did not prohibit such arguments.
The justices also noted that U.S. District Judge sentenced her to the low end of the 10 years-to-life sentence recommended by prosecutors.
The panel also found that the judge did not abuse his discretion in denying their motion to withdraw her guilty plea after prosecutors submitted their sentencing memo.
The justices rejected several other arguments by the defense attorney that sought to reduce her sentence. He was not available Friday morning for comment on whether he planned to ask a full panel of the appeals court to consider his arguments.