*** UPDATED x1 *** 30 years to life?
Thursday, Sep 15, 2011 - Posted by Rich Miller
*** UPDATE *** From the US Attorney’s office…
“The government has not recommended a sentence publicly or privately, not withstanding news reports to the contrary. The government has submitted a calculation of the advisory sentencing guidelines, as it is required to do in all cases. The sentencing guideline formulas are established by the U.S. Sentencing Commission. The government submitted that calculation to the probation office as is standard practice and we will not comment on those calculations publicly.”
[ *** End Of Update *** ]
* Prosecutors say that Rod Blagojevich could get up to a life sentence in prison, according to Sun-Times sources…
Federal prosecutors argue Rod Blagojevich could serve 30 years to life in prison, sources say — a sentencing range that will be bitterly disputed by the former governor’s defense lawyers. […]
The range put forth by prosecutors is not set in stone, and their calculations sometimes differ from the amount of time they actually recommend that a judge give a defendant. […]
Before former Gov. George Ryan was sentenced for corruption in 2006, the U.S. Probation Office recommended a range of eight to ten years in prison. Prosecutors did not publicly disclose a sentencing range, but they argued Ryan should not receive less than ten years in prison. He wound up getting 6 ½ years. […]
In the prosecution’s calculations, the government says Blagojevich faces more time because he took the witness stand and allegedly obstructed justice, sources said. As governor, he was also leader of an enterprise, they will argue.
Blagojevich is scheduled to be sentenced October 6th, but that could be moved back.
* React…
Contacted by phone, Blagojevich’s attorney, Sheldon Sorosky, said a sentence that severe would be outrageous.
“The government’s recommendation is cruel and draconian. You would think he committed a murder or a rape,” he said.
Sorosky said his team will submit its own recommended sentencing guidlines that are much lower than 30 to life.
* While Soroski is probably right, keep in mind that defense lawyers and experts made these very same sorts of predictions about Bernie Madoff before he was given the maximum 150 years in prison…
Experts agree he probably won’t be spending three decades in jail.
“Thirty to life is never a sentence I’ve heard of in the context of public corruption. If that is taken literally, it would be unprecedented,” said Patrick Collins, former federal prosecutor. […]
The man who prosecuted Blagojevich’s predecessor says the government always tried to send a message at sentencing.
“In the George Ryan case, for example, when we did our calculations, we came up with 12 or 13 or 14 years. The judge gave him 6 and a 1/2. Not to say that is the ratio that will hold here, but everybody should understand this is the starting point. The government will clearly be on the aggressive side,” said Collins.
* How this works…
Both the defense and the prosecution make recommendations to the Probation Department, when it comes to a sentence.
The Probation Department, in turn, makes a recommendation to the judge. Judge Zagel considers everything from Blagojevich’s lack of financial gain
to his home life. Sentencing is scheduled for October 6th.