Five Key Questions That Will Determine Bob McDonnell's Sentence
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Update as of noon, Jan. 6: The sentencing hearing is still going on. McDonnell's lawyers have had some success on the Guidelines issues discussed below. On the value of the bribes the judge apparently split the baby, ruling the full face value of the loans should not be included but that the value was still substantially higher than the defense claimed. Judge put the total value of the bribes at between $70,000 and $120,000, which reduced the Guidelines by two levels. On the question of Obstruction of Justice, as noted below judges are sometimes reluctant to impose this enhancement based solely on a defendant's testimony at trial. Judge declined to impose it here, saying he didn't think it was fair to penalize McDonnell for putting on his defense. Net result: Guidelines adjusted offense level of 28, rather than 32, and a recommended sentencing range of 78-97 months - a pretty substantial reduction for McDonnell. Still remains to be seen whether judge will sentence with that range or depart from the Guidelines.
Five Key Questions That Will Determine Bob McDonnell's Sentence
Five Key Questions That Will Determine Bob…
Five Key Questions That Will Determine Bob McDonnell's Sentence
Update as of noon, Jan. 6: The sentencing hearing is still going on. McDonnell's lawyers have had some success on the Guidelines issues discussed below. On the value of the bribes the judge apparently split the baby, ruling the full face value of the loans should not be included but that the value was still substantially higher than the defense claimed. Judge put the total value of the bribes at between $70,000 and $120,000, which reduced the Guidelines by two levels. On the question of Obstruction of Justice, as noted below judges are sometimes reluctant to impose this enhancement based solely on a defendant's testimony at trial. Judge declined to impose it here, saying he didn't think it was fair to penalize McDonnell for putting on his defense. Net result: Guidelines adjusted offense level of 28, rather than 32, and a recommended sentencing range of 78-97 months - a pretty substantial reduction for McDonnell. Still remains to be seen whether judge will sentence with that range or depart from the Guidelines.