Every criminal defense lawyer in America is thrilled w/ Barr’s sentence recommendation on Stone.
The federal sentencing guidelines are pro prosecution, especially in dishonesty/fraud cases. The $ amount of the caper can quickly drive up the guidelines to harsh draconian consequences, even for first time non violent offenders (often the scenario in these type of cases).
The Government almost always asks the Court to either sentence within the guidelines, or asks the Court for a downward variance. In the latter, it is usually a “better than nothing” recommendation, but nothing significant. For example, consider a guideline window of 41 -51 months.
Prior to sentencing, defense lawyer sends the judge a sentencing memo outlining all the mitigation regarding the wrongdoing and the defendant’s life. A good defense lawyer will make a good pitch in requesting a significant downward variance, but not insult the Court. So, let’s say the defense lawyer acknowledges that some prison time is warranted, but that 9-13 months is ample punishment.
The Government will counter, and either say “nonsense ... bottom of the guidelines (41 months) is righteous” or concede that some variance is warranted, but because of aggravating factors A, B, and C, “the United States recommends 33 months.”
Judges seldom impose more than requested by the prosecution.
Re Stone, Barr has directed his prosecutors to ask for a “substantial reduction” below the guidelines for all the same reasons that every criminal defense lawyer pitches in cases all around the country.
The Government’s revised sentencing memo in Stone’s case will be cited in every federal court going forward, and trial judges will delight in fucking with federal prosecutors trying to distinguish Stone from every other fraud/dishonesty case.
Replies to: Every criminal defense lawyer in America is thrilled w/ Barr’s sentence recommendation on Stone.
Well done and all very true.
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Guidelines.
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Link: https://youtu.be/6GMkuPiIZ2k
Should the court factor in Mr Stone's lifelong commitment to evil ?
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See that? And you thought Trump would never do you any favors.
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What's your point?
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Don’t pretend to be a kindler and gentler DOJ .....
.... unless you are willing to exercise leniency across the board.
Don’t pretend to be a kindler and gentler DOJ, when your real motive is simply to make an exception for Trump’s pals.
Otherwise, the disparity diminishes the sentencing goals (retribution, rehabilitation, deterrence) in every other case.
Seriously, how much time should Stone get?...
Hell, rapists, murderers, and child molesters get less time than what the Dems want for this guy.
Unfair to weigh in unless one has read the PSR.
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That's fair, however, take your "lawyer hat" off. As an outsider...
and someone who's seen what everyone else has seen through the press, do you believe he deserves to "rot in jail"?
Generally, I take a much more lenient view vs my colleagues’ views on sentencing.
But, this is an exceptional case as Stone lied and obstructed a serious investigation dealing with election interference by a foreign sovereign.
Regardless of one’s views re the Mueller investigation, there has to be a price for obstruction on this scale. On the flipside, Stone was targeted because they had the goods. Yet, he did not act alone. So, I do not think the Court should make Stone carry the water for everyone else.
I do consider his age.
4-6 years.
Under new law, he would serve about 70% of the sentence.
Ok, now do Brennan and Clapper.....
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They've been convicted of crimes?
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Nope but lied to Congress and nothing ever happened.
The typical double standard for the the Dems.
Seriously, you cannot start a question to conor with the word Seriously, he
doesn't deal in reality. He deals in conors world, where everything is TDS colored
Seemed to me like a decent substantive thread, which is an exception to most.
Until your moronic "contribution".