October 31, 2007

Recent Mitchell grad argues case before U.S. Supreme Court

Richard A. Coad, a 2004 graduate of William Mitchell College of Law and an attorney with Federal Defender Services of Wisconsin, Inc.’s Madison office, argued a case before the U.S. Supreme Court on Oct. 31.

The case of Logan v. U.S. centers on the interpretation of the Armed Career Criminal Act, a federal statute that mandates a minimum 15-year sentence for anyone who has three prior drug or violent felony convictions but exempts convictions for which a defendant has had his/her civil rights restored.

James D. Logan was convicted in federal court in 2005 as a felon in possession of a firearm and received the 15-year minimum sentence under the federal statute. Logan’s three prior convictions were misdemeanors under state law for which he did not lose civil rights.

At issue before the Supreme Court is whether it is inequitable to apply the minimum sentence to those who, like Logan, never lost civil rights, while exempting those who lost rights, but had them restored.

The Seventh U.S. Circuit Court of Appeals ruled in July 2006 against Logan’s challenge to the 15-year minimum sentence because the Armed Career Criminal Act does not differentiate between someone who had his/her rights restored and someone who never lost his/her rights. The Supreme Court granted certiorari in February. Coad is seeking to have Logan’s sentence reduced to less than four years.