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The plea bargain could have been capped at six months. US Attorneys do this all the time. There is much more that the office can do than just recommend a senten
by pseingatl 14y ago
The plea bargain could have been capped at six months. US Attorneys do this all the time. There is much more that the office can do than just recommend a sentence to the judge. The defense attorneys may not have wanted to run the risk of consecutive sentencing. The probation office could easily have reached the conclusion that the property taken was valued at $5 million based on the FBI affidavit and at that point probation is not permitted under the Guidelines. Supervised release additionally would have prevented any computer use for 2-3 years. The defendant would have gotten low security anyway and that determination is not up to their office or even the sentencing judge--it is a determination made by the US Bureau of Prisons. The statement is misleading in more than one respect.
- waps 14y agoHowever in this case there were damages involved to outside parties - which meant they had to agree to any plea bargain if the US attorney wanted to present that to the judge.