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by dragonwriter
960 days ago
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Damages blowing out the charts just means a very high guidelines offense level, it doesn't make the guidelines any less applicable (and there's not really charts for victim numbers, there's a few categories for financial offenses, but mainly the guidelines expect beyond a few the aggregate loss factor to handle it, and by the time you blow the top off that chart, you've also very nearly (with just that factor and the base offense level) maxed out to a sentence of life or whatever the maximum is for the offenses on which you were convicted -- it only takes a few additional modifiers like having a substantial portion of the criminal conduct outside of the US to do that. Way too many people here have read Popehat's (very important!) piece about how reporting of aggregate statutory maximum penalties is usually extremely misleading because in the vast majority of cases the guidelines ranges (1) will be applied, and (2) will be much shorter than the aggregate statutory maximum and are hypercorrecting into "SBF's actual sentence will be far below the aggregate statutory maximum because sentencing guidelines", without any idea of how the guidelines would apply to the facts at issue in the case. |
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