This isn't right - his attempted hits directly led to a longer prison sentence and he could have refuted the factual allegations if he had a defense for them.

This isn't right - his attempted hits directly led to a longer prison sentence and he could have refuted the factual allegations if he had a defense for them. See page 3/4 and then page 27: https://s3.amazonaws.com/s3.documentcloud.org/documents/1391926/gov-uscourts-nysd-422824-142-0.pdf