MAHONING COUNTY Ex-Sheriff Chance loses bid for release

The motion was based on a recent U.S. Supreme Court decision.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Ex-Mahoning County Sheriff Phil Chance, acting as his own lawyer, has lost in his attempt to get out of federal prison now based on a claim that his sentence was illegal.
In an order issued Wednesday, U.S. District Judge Kathleen M. O'Malley denied his motion, which challenged the constitutionality of his 71-month sentence on racketeering crimes.
After a U.S. Supreme Court ruling two months ago in the case of Blakely vs. Washington state, Chance asked that his sentence be corrected. The high court ruled that because facts supporting a longer sentence were not admitted by Blakely nor found by a jury, his Sixth Amendment right to trial by jury was violated.
The judge in the Blakely case handed down a 90-month sentence, going beyond the sentencing guidelines range.
The Supreme Court decision threw into question whether judges can give more prison time than called for in the sentencing guidelines. The Supreme Court will revisit the matter when it returns to session in October.
Judge's reasons
Judge O'Malley said in her order that the state sentencing regime addressed in Blakely is different from the federal sentencing scheme applied to Chance. Also, the judge said federal courts may not grant relief when a petitioner relies on new law that came about after his conviction became final.
Chance, convicted of racketeering crimes by a jury, contended that Judge O'Malley erred when she sentenced him above the guidelines. He said judicial fact finding violated his right to have a stiffer sentence considered by a jury.
When Judge O'Malley imposed a 71-month sentence, she took into account that he committed perjury when he testified on his own behalf and, as sheriff, was in a position to advance racketeering activity countywide. She said public confidence in government entities was greatly reduced in Mahoning County because of him.
The government, represented by Craig S. Morford and Matthew B. Kall, assistant U.S. attorneys, rejected the basis of Chance's motion last month and asked that Judge O'Malley dismiss it without a hearing. The federal prosecutors pointed out that the 6th U.S. Circuit Court of Appeals upheld the judge's sentence after asking for more details.
Scheduled release
Chance, who earned "good time" while incarcerated, is scheduled to be released from the Federal Correctional Institution in Milan, Mich., on Sept. 29 and enter a halfway facility in Akron for about three months. He must find a job within two weeks of release or return to prison until his commitment ends March 19, 2005.
Chance will be on supervised release for two years and must perform 100 hours of community service.
meade@vindy.com