Sept. 28, 2006, 12:32AM
Some shocked at sentence
Fastow's 6 years has a few experts scratching heads
By KRISTEN HAYS and TOM FOWLER
Copyright 2006 Houston Chronicle
Andrew Fastow's six-year prison sentence caught many longtime observers of the case off guard this week, including a former member of the government team that negotiated his 2004 plea agreement.
Fastow had agreed to a 10-year prison sentence in the plea deal with the understanding that he would not ask for a lesser sentence later.
Yet his lawyers asked for just such a break. The government didn't object and instead stressed the critical cooperation Fastow provided in helping the government build criminal cases against former Chairman Ken Lay and former CEO Jeff Skilling.
With no dissenting opinion from prosecutors, U.S. District Judge Kenneth Hoyt cut four years from Fastow's term.
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http://chron.com/disp/story.mpl/front/4220305.html~~~~~~~~~~~~~~~~~~~~~~~~Another winning decision from Ronald Reagan apointee, Judge Kenneth Hoyt:
September 2, 2003
Federal Judge Rules Part of Clinic Defense Law Unconstitutional
A federal judge recently found part of the federal Freedom of Access to Clinic Entrances Act (FACE) unconstitutional. US District Court Judge Kenneth Hoyt dismissed charges against a Houston, Texas man who crashed a van through the doors of the Houston Planned Parenthood Clinic in March, according to the Houston Chronicle. Anti-abortion advocates believe the decision will allow greater access to the clinics. In light of a series of decisions upholding the FACE Act, "this decision is 180 degrees in the opposite direction. This worries me a lot," Gloria Feldt, president of Planned Parenthood, told the New York Times.
Judge Hoyt ruled that the federal FACE Act went beyond Congress's constitutional duty to regulate interstate commerce, according to the Times. He based his decision on a 2000 US Supreme Court decision on the constitutionality of the Violence Against Women Act that found that Congress had no authority to "regulate non-economic, violent criminal conduct based solely on that conduct's aggregate effect on interstate commerce," the Chronicle reports.
The Department of Justice announced that it would appeal the decision and defend the landmark law in court, according to the New York Times. The FACE Act prohibits not only violence against abortion providers, clinic staff, patients, and volunteers, but also threats of violence. "In light of the adverse decision in NOW v. Scheidler, FACE is needed more than ever to stem anti-abortion violence and threats of violence plaguing our nation's clinics today," said Eleanor Smeal, president of the Feminist Majority Foundation.
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http://www.feminist.org/news/newsbyte/uswirestory.asp?id=8024