Commentary: Criminal appeal frivolous.

• Date: 20 August 2007
• Author: Ziemer, David

Byline: David Ziemer

The Seventh Circuit is apparently receiving too many appeals of criminal sentences that it considers frivolous. In an Aug. 9 opinion affirming a defendant's sentence, the court began, "When as in this case a criminal appeal is frivolous, the defendant's attorney should file an Anders motion rather than waste the court's time on a lost cause. We write in the hope of heading off what is assuming the proportions of an avalanche of utterly groundless sentencing appeals." In light of the opinion, defense attorneys need to seriously consider whether to file an appeal, if the only argument is that the district court unreasonably imposed a sentence within the applicable guideline range, and failed to consider the 18 U.S.C. 3553(a) factors. Sam Gammicchia was a political appointee in the office of the Clerk of the City of Chicago. He pleaded guilty to obstruction of justice, based on his role in threatening witnesses in a grand jury investigation into bribery at the clerk's office. He was sentenced to 30 months imprisonment, within the guideline range of 30-37 months, and appealed. On appeal...