Eighth Circuit Reverses Lenient Sentence Granted to Tom Coughlin for Wal-Mart Scandal
The Eighth Circuit reversed the district court's sentencing of Tom Coughlin in U.S. v. Coughlin, No. 06-3294 (8/28/07). The details of the scandal were previously posted on April 12, 2007. The district court imposed a sentence of no imprisonment and 5 years' probation, of which 27 months is home detention. The government filed this appeal.
Coughlin is an obese man and suffers from a number of illnesses related to his obesity, including diabetes. Dr. Joel Carver testified at the sentencing hearing that Coughlin should not go to prison for medical reasons. A summary of the testimony is available here by the Northwest Arkansas Times. However, Dr. Carver admitted he never visited a prison, has no idea how prisons operate, and has no knowledge of prison conditions.
The Eighth Circuit was not impressed with Dr. Carver's testimony and found that Coughlin does not suffer an extraordinary physical ailment. The Eighth Circuit also reversed the district court for only considering mitigating factors involving Coughlin's family ties and charitable donations. On remand, the district court must consider the seriousness of the offense, adequate deterrence, and other factors evaluating the nature of Coughlin's crimes.
