Caesar Cantu plead guilty to marijuana trafficking and was sentenced to 11.5 years in federal court. Due solely to a scribbners error an additional 42 months was added to his sentence on the judgment and conviction. However, the district court judge was forced to deny his motion to correct his sentence because he filed it untimely. The Judge opined that Cantu's only option was to seek clemency from the President.
What kind of legal system does this to its citizens? Where was Eric Holder's Justice Department? Why didn't the DOJ just agree to the reduction in sentence?
As reported by The Hill here, the President did grant Cantu clemency and reduced his sentence to the original and correct time ordered by the Judge.
But why don't we have a legal system that allows Judges to correct egregious errors? We are so wedded to form over substance and the great writ of Habeas Corpus has been so gutted by Congress that when it was truly needed, it was not available to Mr. Cantu.
This is a warning sign. A persistent cough in a system that is broken and sick. We ignore it at our own individual peril.
See you in court, and yes, in Florida, a Rule 3.800 motion to correct a sentence has no time limit.
PS. Don't- under any circumstances- hire Imer Perez to represent you. Just don't. Herald article here.
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