4 ms·

> Pena pleaded guilty to unlawfully obtaining confidential phone records. He faces a maximum penalty of 10 years in prison. A sentencing date has not yet been s

> Pena pleaded guilty to unlawfully obtaining confidential phone records. He faces a maximum penalty of 10 years in prison. A sentencing date has not yet been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors He'll probably get 6 months probation

gruez 3y ago
>He'll probably get 6 months probation That's the standard for most first time, non-violent offenses.
- KirillPanov 3y ago
  Like selling drugs or "money laundering"? I don't think so.
  - pclmulqdq 3y ago
    I mean, there are lots of worse penalties for things related to organized crime. Things like minor fraud or burglary are often also in the probation bucket.
    - devilbunny 3y ago
      Minor fraud and burglary generally don't generate a federal prosecution. Doing what would otherwise be a fairly minor crime under the color of law should generate a hefty bench-slap (as the lawyers like to say).
- public_defender 3y ago
  > That's the standard for most first time, non-violent offenses In what country?
  - gruez 3y ago
    US, as per federal sentencing guidelines[1]: * baseline offense level of 9 [2] * -2 adjustment for acceptance of responsibility[3] * That gets you an offense level of 7, which puts him in the 0-6 months band[4], making him eligible for probation[5]. IANAL but all of this is for offenses that make it to trial. If there's plea bargaining involved the sentences are probably even lighter. [1] https://www.ussc.gov/guidelines/2021-guidelines-manual-annotated https://www.ussc.gov/guidelines/2021-guidelines-manual-annot... [2] https://www.ussc.gov/guidelines/2021-guidelines-manual/annotated-2021-chapter-2-e-k#2h31 https://www.ussc.gov/guidelines/2021-guidelines-manual/annot... [3] https://www.ussc.gov/guidelines/2021-guidelines-manual/annotated-2021-chapter-3#3e11 https://www.ussc.gov/guidelines/2021-guidelines-manual/annot... [4] https://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2021/Sentencing_Table.pdf https://www.ussc.gov/sites/default/files/pdf/guidelines-manu... [5] https://www.ussc.gov/guidelines/2021-guidelines-manual/annotated-2021-chapter-5#5b11 https://www.ussc.gov/guidelines/2021-guidelines-manual/annot...
    - public_defender 3y ago
      This seems correct regarding this person and this conduct, but I disagree that this type of penalty is "the standard for most first time, non-violent offenses." Federal cases are a small percentage of total criminal prosecutions, and penalties vary widely across the country.
      - I_am_uncreative 3y ago
        Most first time, non-violent federal offenses, then?

gruez 3y ago

>He'll probably get 6 months probation That's the standard for most first time, non-violent offenses.

KirillPanov 3y ago
Like selling drugs or "money laundering"? I don't think so.
- pclmulqdq 3y ago
  I mean, there are lots of worse penalties for things related to organized crime. Things like minor fraud or burglary are often also in the probation bucket.
  - devilbunny 3y ago
    Minor fraud and burglary generally don't generate a federal prosecution. Doing what would otherwise be a fairly minor crime under the color of law should generate a hefty bench-slap (as the lawyers like to say).
public_defender 3y ago
> That's the standard for most first time, non-violent offenses In what country?
- gruez 3y ago
  US, as per federal sentencing guidelines[1]: * baseline offense level of 9 [2] * -2 adjustment for acceptance of responsibility[3] * That gets you an offense level of 7, which puts him in the 0-6 months band[4], making him eligible for probation[5]. IANAL but all of this is for offenses that make it to trial. If there's plea bargaining involved the sentences are probably even lighter. [1] https://www.ussc.gov/guidelines/2021-guidelines-manual-annotated https://www.ussc.gov/guidelines/2021-guidelines-manual-annot... [2] https://www.ussc.gov/guidelines/2021-guidelines-manual/annotated-2021-chapter-2-e-k#2h31 https://www.ussc.gov/guidelines/2021-guidelines-manual/annot... [3] https://www.ussc.gov/guidelines/2021-guidelines-manual/annotated-2021-chapter-3#3e11 https://www.ussc.gov/guidelines/2021-guidelines-manual/annot... [4] https://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2021/Sentencing_Table.pdf https://www.ussc.gov/sites/default/files/pdf/guidelines-manu... [5] https://www.ussc.gov/guidelines/2021-guidelines-manual/annotated-2021-chapter-5#5b11 https://www.ussc.gov/guidelines/2021-guidelines-manual/annot...
  - public_defender 3y ago
    This seems correct regarding this person and this conduct, but I disagree that this type of penalty is "the standard for most first time, non-violent offenses." Federal cases are a small percentage of total criminal prosecutions, and penalties vary widely across the country.
    - I_am_uncreative 3y ago
      Most first time, non-violent federal offenses, then?