A federal appeals court in Atlanta heard arguments Tuesday about whether a federal judge in Mobile improperly sentenced an accused cop killer to a prison term that exceeded the maximum penalty under the law.
of the two most serious federal charges related to the shooting death of an off-duty Mobile police officer who was attempting to arrest him. But the jury did find Perez guilty of two other offenses, receiving a gun while under indictment and possession of a stolen firearm.
But Beck said prosecutors gave him insufficient notice that they planned to seek such an enhanced penalty. He said it would have changed his trial strategy. “It is true that there are few defendants like Perez, who commit crimes in such a heinous fashion that even a 10-year additional statutory sentence will not reach the actual guidelines range,” he said. “That’s true, however, because of the particularly heinous way in which Perez violated these crimes.”
But Beck questioned whether Perez had a true understanding of that. He pointed to testimony that his client believed he was on probation.
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