We’ll see if the fourth time is the charm for the 13th Circuit Court. The Robert Schwander resentencing is about to take place on February 3. There’s already a sentencing memo in the file.
The sentencing is going to be a big test for Judge Elsenheimer. Judge Power and Judge Rodgers dug their heels in and gave Schwander a sentence that exceeds the guidelines for his conviction. Schwander was convicted of second degree murder, even though prosecutors accused him of first degree murder.
The 13th Circuit Court has stuck firm to what is essentially a first-degree murder sentence through three different sentencing proceedings. This time, the Court of Appeals said Elsenheimer has one last chance to get it right, or they’re going to remand it to a different circuit to get it right. So will Elsenheimer play local politics, or will he do the hard job that they all claim they’re willing to do when they’re elected, and give Schwander a sentence that public opinion doesn’t support?