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Jump to full article: Associated Press (AP), 2004-08-02
Author: Larry O'Dell, Associated Press Writer
Intro: Lawyers for a North Carolina cigarette smuggler who sent money to a militant Lebanese group urged a federal appeals court to vacate his 155-year prison sentence in light of a U.S. Supreme Court ruling striking down one state's sentencing guidelines.
Federal sentencing guidelines also are unconstitutional under the Blakely v. Washington ruling issued in June, attorneys for Mohamad Hammoud told the full 4th U.S. Circuit Court of Appeals.
A lawyer for the government suggested the Richmond-based appeals court await guidance from the Supreme Court, which agreed Monday to settle the issue in two cases suggested by the Bush administration. Justice Department attorney Demetra Lambros said the high court could rule as early as mid-October.
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