When someone is charged with certain crimes and the press (or a press release) mentions he faces up to X years, it is always the maximum penalty that is being q

When someone is charged with certain crimes and the press (or a press release) mentions he faces up to X years, it is always the maximum penalty that is being quoted, while the prosecutor usually does not seek it (anything else would be untrue). If Aaron Swartz himself did not realize that, I am sure that his lawyer could have cleared up any confusion for him.