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Sharp Eyes Are Not a Special Skill

by TChris

Under the federal sentencing guidelines, a defendant's sentence is enhanced if the defendant used a "special skill" to commit the crime. Lawyers and accountants, for instance, might use special skills to steal from clients. (Please, no lawyer jokes.)

Federal prosecutors in California convinced a judge that sharp eyesight is a special skill. Jing Bing Liang was sentenced for casino racketeering, based in part on his ability, with the help of others, to see cards as they were being dealt.

In arguing to increase Liang's sentence, federal prosecutors said the San Francisco gambler had "extraordinary eyesight," and that he had become specially adept at peaking at cards.

The creativity of the argument would be admirable if not for the months it added to Liang's sentence. The Ninth Circuit was less impressed than the district judge, and Liang will be resentenced as if he had normal eyesight.

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