tag:blogger.com,1999:blog-781867055414452771.post1920440589602106802..comments2012-01-29T19:43:35.541-08:00"Sitnbull"http://www.blogger.com/profile/10401756579942048009noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-781867055414452771.post-54438272827793492292012-01-27T00:02:47.017-08:002012-01-27T00:02:47.017-08:00January 26, 2012<br />FLASH (From CCPOA)<br /><br />The Ninth Circuit Court of Appeal ruled at 8:20 this morning (you can read decision here) in the<br />case of Rob McGowan. While the decision is quite complicated, and doesn’t free Rob<br />immediately, it is an incredible victory, and presents the opportunity to get Rob home in the near<br />future.<br />In a nutshell, the Court denied Rob’s appeal on the conviction, saying the appeal should be<br />brought as an ineffective assistance of counsel claim under 28 U.S.C. § 2255 before the trial<br />court on remand.<br />The Court also held that Rob’s Due Process had been violated when the District Court which<br />sentenced him relied on unreliable, unsubstantiated allegations in imposing his sentence.<br />Therefore, the Court vacated Rob’s sentence and reassigned a new judge reasoning Judge<br />Wright’s “substantial difficulty in putting out of his . . . mind previously-expressed<br />views….could undermine the appearance of justice in these proceedings.”<br />So, at the moment Rob is not under any sentence. The Ninth Circuit Court did not grant bail, but<br />said a bail motion should be brought before the new District Court judge. Given that Rob was<br />out pending sentencing before, we are hopeful that he will be released soon."Sitnbull"http://www.blogger.com/profile/10401756579942048009noreply@blogger.comtag:blogger.com,1999:blog-781867055414452771.post-29591239994973860382012-01-26T23:31:12.426-08:002012-01-26T23:31:12.426-08:00Finally some justice!!!J. Robertshttp://www.blogger.com/profile/05050015909474955758noreply@blogger.comtag:blogger.com,1999:blog-781867055414452771.post-19134242440824261712012-01-26T23:08:30.099-08:002012-01-26T23:08:30.099-08:00I never stopped believing, I can&#39;t imagine how Lorraine must feel right now!! We all at CIM love you guys, hope to see you soon!!!!!!!!!!!!!"Sitnbull"http://www.blogger.com/profile/10401756579942048009noreply@blogger.com