Former Enron CEO Jeff Skilling is scheduled to be resentenced this morning after a federal appeals court determined Judge Sim Lake had inappropriately added an enhancement to Skilling’s 24-year sentence for “jeopardizing a financial institution.”. Skilling’s resentencing comes as his attorneys have filed for an appeal before the US Supreme Court.
One legal expert who has worked on ,other Enron case says the SCOTUS appeal will probably not affect the resentencing at all; in other words, Skilling can be resentenced and still appeal to the Supreme Court with his original complaint, which is that the government wrongfully tried him under a theory of Honest Services. The Fifth Circuit reversed itself in Skilling’s case and Skilling is asking for clarification of the law.
I will update with resentencing news as details become available.