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HOUSTON HOME JOURNAL
Did Vick sentencing represent a turning point for judges?
Dear Readers, Michael
Vick’s recent sen
tencing probably
gave the general public
more exposure to the con
cept of Federal Sentencing
Guidelines than any other
event in recent memory. Yet,
outside of this “big” story, a
veritable earthquake rattled
through the Federal criminal
justice system last week.
Starting in the 19705,
Congress and most State
Legislatures started passing
laws severely restricting the
authority of judges in sen
tencing. This has been done
in two ways.
First, minimum-mandato
ry sentences became popular
with elected officials pander
ing to the public to appear
“tough on crime.”
Second, guidelines were
adopted to try and ensure
some uniformity in sentenc-
The greatest mentor in history
Imagine that you are
somehow fortunate
enough to have the
privilege of spending time
with the greatest mentor in
history. Will you hang on
every word? What tough
questions will you raise?
Might you be surprised by
the answers? What if your
mentor sees potential in you
that you don’t see - will you
welcome being stretched?
It’s Christmas, the time
when we celebrate the birth
of Jesus - the greatest men
tor in history. If you are a
believer, let me remind you
that you are to become more
like Christ every day. That
includes being a mentor! If
you are not a Christian, I
invite you to look beyond
all the glitter and excess of
this season and discover the
wonder of the universe seek
ing to build a relationship
SPEAKER
From page 4A
to improve the quality of life
in Georgia. Too bad it had to
end. But, ended it has, and
with great finality. And even
though I choose to remem
ber the positives, I’m still
sad. Not so much because
of Mr. Murphy’s death, for
after all, he’d been sick and
bed-ridden for a long time.
His death had to bring relief.
But, I’m sad because it’s over.
Finally, it’s over. A Speaker
who had plowed a mule and
served during WWII - it’s
over. The good ole’ boys
effectively running the state
- it’s over. Great stories and
great story tellers - it’s over.
Institutional knowledge
and respect for the office of
Governor regardless of per
son or party - it’s over. And,
so much more - over. Some
of it needed to go, but mostly
it was good. Mostly we did
LETTER 1
From page 4A
the liberal group who touts
his affiliation with the pecu
liar Trinity United Church of
Christ, as one of our liberal
choices.
This link will take you
to Obama’s church’s web
page: http://www.tucc.org/
LETTER 2
From page 4A
are the better educated, the
healthy, engineers, health
workers, teachers, scien
tists et al.
Heel pain has many causes
People of all ages are troubled by heel
pain. Heel pain can be caused by the
way your feet move or by the way
your legs and feet are built.
It also can result from an injury or a medi
cal problem that affects your entire body.
For many people, heel pain is part of aging.
Through years of daily wear and tear heel
pain appears.
Your heel pain may have started days,
weeks, or even months ago. It may have
started as a dull ache that didn’t last but
now you feel intense pain every day.
m. ‘ h: m
m &
ing, so that
sentenc
es were
meted out
in approx
imately
the same
sever
ity from
all juris
dictions.
Jim Rockefeller
The “Law” man
This latter concern was, and
remains, laudable.
In the Federal system, the
United States Sentencing
Commission was established
to draw up guidelines, the
United States Sentencing
Guidelines, to be affirmed
or rejected by Congress to
limit judicial sentencing dis
cretion. These guidelines are
in the form of a table and
judges and lawyers calculate
a recommended sentencing
grid (or “cell”) in the table,
based on the severity of the
if ?- »
with you!
Maybe
you never
thought of
Jesus as
a mentor.
The Bible
describes
many
t i m e's
when
Jesus pri-
Dennis Hooper
Leaders Building
Leaders
vately met with his disciples,
giving them perspective
as a group and answering
their individual questions.
Throughout the four gos
pels, Jesus is our mentor,
answering your questions
and mine.
Take a look at Matthew 18.
In Capernaum, Jesus was
teaching his disciples. Peter
asked, “What if someone
sins repeatedly against me?
How many times must I for
give him?” Jesus tells Peter
Editor’s note: Following is a letter written to Larry Walker regarding Tom Murphy
Larry,
I cannot believe that our dear friend has passed before us. I had quite a fondness and
admiration for that ‘ol war-horse!
The years that we entertained the Georgia legislative members in our community
here has got to be some of the most interesting and educational times I have had. The
friendships that were established still follow me in many places today.
I know you have far more memories of him than I do, but a few of my favorites: I can
remember visiting the Capitol one day and attended a rather boring and long winded
budget committee meeting. When the Speaker looked around the room and spotted me
sitting on the back row he smiled a big smile and made a large casting motion with his
arms and hands, to which we both laughed to the amazement of all in the room.
I can remember sitting in his office that morning of Sept. 11, 2001 watching the
events unfolding in New York on his TV and calmly making sure that our Capitol
building was secured and safe. He made the statement that this was going to be a long
battle.
I have a respectable flock of turkeys that I owe to his simple statement, “Get him his
turkeys!” made over at your house on one of those Saturday ljight BBQ dinners. (I had
difficulty in getting any cooperation from the state up until this point in getting wild
turkey released at Malatchie. There are enough in the flock now that my sons can both
get one this year and for that I am eternally grateful. I think of him every time I see
one in the woods!)
Sincerely,
Edward CF Loughlin
good. And, it’s over.
The leader is dead. Times
change. The living move on.
black_value_system.html.
Read it for yourself.
Yes! Religion is important.
The Bible thumpers, the
cultists, and the weird racist
from Illinois with the Muslim
name should be given the
boot.
We have had enough reli
gion in the White House to
last another 200 years.
We have enough land
scaping and agricultural
illegals for the indefinite
future.
Our federal, state and
local safety nets are over
whelmed by this costly inva
sion of illegals plus all the
Dr. Sarvepalli
Jokhai
Ihe Foot Doctor
standing or walking unbearable.
offense and the offender’s
criminal history.
Within this cell, there is a
range of recommended sen
tences. This is how Vick’s
recommended offense level
was calculated. The judge
actually went above this cal
culated level, due to his mar
ijuana violation while out on
bond and his failure to be
completely forthright about
his involvement.
Unfortunately, the USSG
were first adopted at a time
that crack cocaine had just
captured public awareness
and, as a result, Congress
adopted extremely stringent
minimum-mandatory laws
towards crack cocaine. This
resulted in a “100-to-l” ratio
between crack and powder
cocaine.
Thus, while there is a five
year mandatory sentence
for 500 g of powder cocaine,
- and you and me - that we
are to forgive repeatedly.
That’s hard counsel for a
leader! When an employee
messes up, am I supposed to
just forgive him? When he
irritates customers? When
his mistakes cost the com
pany money? When quality
errors are clearly attribut
able to him?
As tempting as it is to fire
that individual right now,
I need to look at my own
behavior. Am I sure I gave
him all the instruction and
resources he needed? Did
I define the expectations
adequately? Did I respond
appropriately on the first
offense? Did my hiring sys
tems fail in allowing this
particular individual into
my organization?
Look at another mentoring
example in John 13. Even on
his final evening alive, Jesus
But, many will remember,
Mr. Speaker, and we will say,
he was the best of men, noble
If you are naive enough to
believe any of the preceding
three, especially the rac
ist Barrack Hussein Obama,
won’t bring their religious
views into the White House,
you will believe anything.
Should one of these
extremists make it to the
White House our past prob
lems will fade to nothing in
illegal drugs that come over
our borders.
National security is a joke
when our borders are so
open. Lets only welcome
those who are here legally.
- Frank W. Gadbois,
Warner Robins
For some people as the
days goes on the heel pain
worsens. For others, it’s
a sharp jab that strikes
every time the heel touch
es the ground.
Heel pain may be the
worst when you get out of
bed in the morning caus
ing you to hobble for a few
steps or a few minutes.
Heel pain can make
OPINION
only 5 g of crack cocaine is
needed.
The USSC, in turn, adopted
guidelines modeled after this
100-to-l sentencing ratio. In
doing so, the “level” of crack
cocaine was higher than the
“level” for powder cocaine,
resulting in those convict
ed of crack cocaine offenses
doing, on average, between
a year and two years more
than those convicted of a
similar amount of powder
cocaine.
Over the years, this
ratio has been vehemently
attacked as unfair, particu
larly because crack cocaine
offenses tend to be commit
ted more by Hispanics and
African-Americans than
those not of color. As far
back as 1995, the USSC tried
to prompt Congress to rec
tify this disparity.
Finally, however, those
is providing instruction to
his followers. “After wash
ing their feet, Jesus put on
his robe again and sat down
and asked, ‘Do you under
stand what I was doing? You
call me ‘Teacher’ and ‘Lord,’
and you are right, because
that’s what I am. And since
I, your Lord and Teacher,
have washed your feet, you
ought to wash each other’s
feet. I have given you an
example to follow. Do as I
have done to you.’”
Jesus is teaching his clos
est associates (and you and
me) how to serve. Yet many
who hear this story have dif
ficulty relating.
The times are different
now; no one wears sandals
in the workplace. No one
expects to have their feet
cleaned. How does Christ’s
counsel relate to today’s
workplace?
and sublime, and our great
state was made so largely
because he came this way.
comparison to the new ones
in their baggage.
What a sorry lot from
which we have to choose.
- Walter Huckeba,
Perry
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cries of unfairness have been
heard and, in May of 2007
the USSC recommended
adjusting the USSG to fix
this flaw in the system. On
Nov. 1 these recommenda
tions were approved.
Last week, the USSC
went a step further and
made these changes apply
retroactively to perhaps as
many as 20,000 inmates in
Federal Custody, many of
whom might be immediately
released from custody.
Similarly, in the past five
years or so, the United States
Supreme Court, even a very
conservative court, has also
been rebelling against the
handcuffs placed on Federal
judges.
Two days before the USSC
made its adjustments ret
roactive, the Court ruled
that judges had the power to
adjust their sentencing deci
Allow Jesus to answer
that through this example in
Matthew 20. Jesus and the
disciples have just arrived
in Jerusalem, and some of
them have been grumbling
over their potential posi
tions of power. Jesus says,
“You know that the rulers in
this world lord it over their,
people, and officials flaunt
their authority over those
under them. But among you
it will be different. Whoever
wants to be a leader must
be a servant ... for even the
Son of Man came not to be
served but to serve.”
Servant leadership - ah,
now there’s an interest
ing topic! Potential clients
sometimes ask, “Do you
provide guidance associated
Assessing Your
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sions to treat crack cocaine
as the equivalent of pow
der cocaine in sentencing an
offender. Thus, the 100-to-l
ratio has been twice over
turned. Perhaps, then, we
have recovered from the
manic years of neutering
judges in their sentencing
authority. Perhaps judges
will be returned to their role
as the final arbiters in sen
tencing. If so, it is a blessing
for all of us.
Local attorney Jim
Rockefeller owns the
Rockefeller Law Center and
is a former Houston County
Chief Assistant District
Attorney, and a former
Miami Prosecutor. E-mail
confidential legal questions
to ajr@rockefellerlawcenter.
com. Visit www.rockefeller
lawcenter.com for Frequently
Asked Questions and Jim’s
blog, The Rockefeller Report.
with ‘servant leadership’?”
I respond that there is no
other kind. And if you have
difficulty considering how
you might serve those under
your authority, we need to
talk!
We are only a week away
from New Year’s resolutions.
Resolve to be a mentor to
someone in 2008. Reread my
articles from the past three
weeks. If you don’t have
them, contact me and I’ll get
them to you. And celebrate
enthusiastically the birth of
Jesus, the greatest mentor
in history!
Dennis Hooper guides
leaders in building organi
zations of excellence. Contact
Dennis at 478-988-0237 or
dhooper2@juno.com.
F. Dennis Hooper
Certified
Leadership Development Coach
Building leaders and
organizations of excellence
(478) 988-0237
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