Press Release
FOR IMMEDIATE RELEASE
Date: August 8, 2008
Contact : Sue McKinney
PRESS RELEASE
United States Attorney Maxwell Wood, Middle District of Georgia, announces the re-sentencing of Charles L. (“Don”) Harrell. On June 28, 2006, Harrell pleaded guilty to a One Count Superseding Information charging him with Obstruction of Justice in violation of Title 18 United States Code Section 1503. On September 12, 2006, Harrell was sentenced by the Honorable Hugh Lawson, United States District Judge, to a term of imprisonment of 60 months. Harrell appealed this sentence on the basis that it was unreasonably high based on the sentencing guidelines applicable to his case. The government cross-appealed arguing that the guideline range had not been appropriately calculated. On April 17, 2008, the United States Circuit Court of Appeals for the Eleventh Circuit issued an opinion vacating the original sentence and remanding the case to the District Court for re-sentencing. The court of appeals determined that the guideline range had not been properly calculated in that it did not take into account the underlying offense of arson which Harrell was attempting to obstruct. On August 6 and 7, 2008, the District Court held a re-sentencing hearing in the Harrell matter. The government called a number of witnesses who had been housed at a Federal Correctional Institute in Talladega, Alabama, with Harrell. These individuals testified that Harrell had discussions with them approximately one year ago regarding paying someone to cause harm or death to certain witnesses against him and his co-defendants. The Honorable Hugh Lawson sentenced Harrell to 75 months imprisonment. In passing sentence, Judge Lawson stated that he found that the new allegations put into evidence at the hearing fell into the same pattern of conduct which comprised the count of conviction and were further proof of Harrell’s wanton disregard and absolute disdain for the law.
The case was investigated by the Bureau Alcohol, Tobacco, Firearms and Explosives, the Georgia Bureau of Investigation, the Sheriff’s Offices of Mitchell, Grady and Colquitt Counties. The prosecution was handled by Assistant United States Attorneys Jim Crane, Leah McEwen and Alan Dasher.
Questions concerning this case should be directed to Sue McKinney, Public Affairs Specialist, United States Attorney's Office, at (478) 621-2602.
