5 ms·

Concurrent sentences do happen, especially when all the counts stem from one incident, though I'm unsure if they happen for federal crimes. (In that case assumi

Concurrent sentences do happen, especially when all the counts stem from one incident, though I'm unsure if they happen for federal crimes. (In that case assuming full conviction he'd serve each count at the same time, making it up to ten.) They're obviously angling toward a plea, though.

tptacek 10y ago
Under the federal sentencing guidelines, a person charged with many counts of the same offense serves only the sentence associated with the most severe of those offenses; the sentences "group" by charge, and the grouping rules are part of the sentencing guidelines.
- pcwalton 10y ago
  Although judges are not required to follow the USSG, and upward departures do happen; e.g. Dennis Hastert's structuring conviction. The DOJ is technically correct, but very misleading. (I know you know this and that an upward departure from the Guidelines is very unlikely for this particular case--just stating for the record.)
  - tptacek 10y ago
    Are you sure? The judge departed upwards from the prosecutor's recommended sentence, but did he exceed the guidelines? The class of charges Hastert was sentenced under include a sharp increase in offense level if the crime involves sexual exploitation of minors, easily enough to land you in zone D for a first offense.
    - pcwalton 10y ago
      From the transcript [1]: "The government is recommending a guidelines sentence, meaning between zero and six months in jail... It's not sufficient to comply with the purposes of sentencing. It doesn't reflect the seriousness of the crime and the conduct surrounding it. It doesn't provide just punishment for the offense to give simply a guidelines sentence." [1]: http://www.chicagotribune.com/news/nationworld/ct-pdf-transcript-of-sentencing-of-dennis-hastert-20160427-htmlstory.html http://www.chicagotribune.com/news/nationworld/ct-pdf-transc...
      - tptacek 10y ago
        The base offense level for structuring in the service of some other criminal act appears to be 8, and offenses connected with sexual exploitation of minors gain 6 offense levels; zone D starts at level 12 for first-time offenders. It is as least as likely that I am wrong than that the reporting is wrong, but, there you go.
- jsmthrowaway 10y ago
  That's good to know. Basically concurrent with a slightly different technical approach.

tptacek 10y ago

Under the federal sentencing guidelines, a person charged with many counts of the same offense serves only the sentence associated with the most severe of those offenses; the sentences "group" by charge, and the grouping rules are part of the sentencing guidelines.

pcwalton 10y ago
Although judges are not required to follow the USSG, and upward departures do happen; e.g. Dennis Hastert's structuring conviction. The DOJ is technically correct, but very misleading. (I know you know this and that an upward departure from the Guidelines is very unlikely for this particular case--just stating for the record.)
- tptacek 10y ago
  Are you sure? The judge departed upwards from the prosecutor's recommended sentence, but did he exceed the guidelines? The class of charges Hastert was sentenced under include a sharp increase in offense level if the crime involves sexual exploitation of minors, easily enough to land you in zone D for a first offense.
  - pcwalton 10y ago
    From the transcript [1]: "The government is recommending a guidelines sentence, meaning between zero and six months in jail... It's not sufficient to comply with the purposes of sentencing. It doesn't reflect the seriousness of the crime and the conduct surrounding it. It doesn't provide just punishment for the offense to give simply a guidelines sentence." [1]: http://www.chicagotribune.com/news/nationworld/ct-pdf-transcript-of-sentencing-of-dennis-hastert-20160427-htmlstory.html http://www.chicagotribune.com/news/nationworld/ct-pdf-transc...
    - tptacek 10y ago
      The base offense level for structuring in the service of some other criminal act appears to be 8, and offenses connected with sexual exploitation of minors gain 6 offense levels; zone D starts at level 12 for first-time offenders. It is as least as likely that I am wrong than that the reporting is wrong, but, there you go.
jsmthrowaway 10y ago
That's good to know. Basically concurrent with a slightly different technical approach.