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Gov. Rick Perry of Texas Is Indicted on Charge of Abuse of Power
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<blockquote data-quote="Billybob" data-source="post: 2596244" data-attributes="member: 1294"><p>Martha Stewart did 5 months, far below what the base guidelines would have called for even without possible enhancements which the judge didn't use according to this legal expert who wrote several articles on her case. </p><p></p><p>"Stewart was convicted of obstructing justice and lying to authorities. Accordingly, the obstruction of justice sentencing guidelines will apply. In light of recent amendments to the Guidelines, Stewart's initial sentencing range will be 15 to 21 months. But that is far from the end of the matter...</p><p></p><p>Stewart was also convicted of a conspiracy to obstruct justice that included her broker, Peter Bacanovic, who also was convicted. Accordingly, Stewart may be eligible for a sentencing enhancement for being "an organizer, leader, manager, or supervisor" in the criminal activity. If so, that enhancement would increase Stewart's sentencing range to 30 to 37 months...</p><p></p><p>Finally, suppose the government uses the evidence supporting the dismissed securities fraud claim to show "abuse of [Stewart's] position of trust" as a member of the board of directors for Martha Stewart Living Omnimedia. If so, this enhancement would increase Stewart's sentencing range to 37 to 46 months...</p><p></p><p>Stewart's only hope now for a less severe sentence would be to obtain a downward departure -- that is, to hope the judge will choose to go below the applicable sentencing range. But that hope, again, is slim. </p><p></p><p>One of the avenues that I explored in my June 2003 column was to argue for a departure based on the fact that Stewart's conduct was aberrant behavior in an otherwise straight-arrow life. But as even Robert G. Morvillo, Stewart's attorney, recognized in a New York Law Journal article published last month, "[a]berrant behavior, already a difficult ground for departure for defendants to obtain[, is] now even more so under the Feeney Amendment." As I have written in another prior column, the Feeney Amendment greatly restricts federal judges in departing from the Guidelines... </p><p></p><p>Perhaps the Most Likely Sentence For Stewart to Actually Serve: 32 Months</p><p></p><p>In the end, the chances of any downward departure for Stewart at this point are exceedingly slim, no matter how creative the argument. Nevertheless, creative arguments by her counsel may help -- at least to ensure that Stewart is sentenced at, or near, the bottom of the sentencing range. </p><p></p><p>And if the range is indeed 37 to 46 months, that could make a significant difference. With a 37-month sentence, and time off for good behavior, Stewart could be out in as little as 32 months..."</p><p></p><p>Mark H. Allenbaugh, an attorney in private practice, is a nationally recognized expert on federal sentencing, law, policy and practice. He currently serves as the Co-Chair of the Federal Sentencing Guidelines Committee for the National Association of Criminal Defense Lawyers, and is a member of the ABA's Sentencing and Corrections Committee and the United States Sentencing Commission's Practitioners Advisory Group. </p><p></p><p><a href="http://writ.news.findlaw.com/allenbaugh/20040310.html" target="_blank">http://writ.news.findlaw.com/allenbaugh/20040310.html</a></p><p></p><p>As to another example how about the rich kid in Texas that only got probation for killing several people while driving drunk and high on valium recently, think the average person would have gotten the same?</p></blockquote><p></p>
[QUOTE="Billybob, post: 2596244, member: 1294"] Martha Stewart did 5 months, far below what the base guidelines would have called for even without possible enhancements which the judge didn't use according to this legal expert who wrote several articles on her case. "Stewart was convicted of obstructing justice and lying to authorities. Accordingly, the obstruction of justice sentencing guidelines will apply. In light of recent amendments to the Guidelines, Stewart's initial sentencing range will be 15 to 21 months. But that is far from the end of the matter... Stewart was also convicted of a conspiracy to obstruct justice that included her broker, Peter Bacanovic, who also was convicted. Accordingly, Stewart may be eligible for a sentencing enhancement for being "an organizer, leader, manager, or supervisor" in the criminal activity. If so, that enhancement would increase Stewart's sentencing range to 30 to 37 months... Finally, suppose the government uses the evidence supporting the dismissed securities fraud claim to show "abuse of [Stewart's] position of trust" as a member of the board of directors for Martha Stewart Living Omnimedia. If so, this enhancement would increase Stewart's sentencing range to 37 to 46 months... Stewart's only hope now for a less severe sentence would be to obtain a downward departure -- that is, to hope the judge will choose to go below the applicable sentencing range. But that hope, again, is slim. One of the avenues that I explored in my June 2003 column was to argue for a departure based on the fact that Stewart's conduct was aberrant behavior in an otherwise straight-arrow life. But as even Robert G. Morvillo, Stewart's attorney, recognized in a New York Law Journal article published last month, "[a]berrant behavior, already a difficult ground for departure for defendants to obtain[, is] now even more so under the Feeney Amendment." As I have written in another prior column, the Feeney Amendment greatly restricts federal judges in departing from the Guidelines... Perhaps the Most Likely Sentence For Stewart to Actually Serve: 32 Months In the end, the chances of any downward departure for Stewart at this point are exceedingly slim, no matter how creative the argument. Nevertheless, creative arguments by her counsel may help -- at least to ensure that Stewart is sentenced at, or near, the bottom of the sentencing range. And if the range is indeed 37 to 46 months, that could make a significant difference. With a 37-month sentence, and time off for good behavior, Stewart could be out in as little as 32 months..." Mark H. Allenbaugh, an attorney in private practice, is a nationally recognized expert on federal sentencing, law, policy and practice. He currently serves as the Co-Chair of the Federal Sentencing Guidelines Committee for the National Association of Criminal Defense Lawyers, and is a member of the ABA's Sentencing and Corrections Committee and the United States Sentencing Commission's Practitioners Advisory Group. [url]http://writ.news.findlaw.com/allenbaugh/20040310.html[/url] As to another example how about the rich kid in Texas that only got probation for killing several people while driving drunk and high on valium recently, think the average person would have gotten the same? [/QUOTE]
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