For awhile I have been wondering what happens to all of the defendants in the Enron trials who plead guilty after being indicted on theories later questioned by appellate courts, leading to the acquittals of the defendants they testified against? Well, the answer may be that for those who have yet to be sentenced, defendants may be able to withdraw their pleas.
Yesterday, U.S. District Court Judge Lee Rosenthal allowed Christopher Calger to withdraw his 2005 guilty plea. Calger pled to one count of wire fraud in connection with a transaction that prosecutors argued violated the "theft of honest services" statute, a theory that has been called into question by the Fifth Circuit, leading to the reversal or vacation of sentences in both the Merrill Lynch case and the Enron Broadband case. In Houston, Tom Kirkendall anticipated Calger's good news in this post on Sunday.
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