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by pseingatl
4897 days ago
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I haven't seen the Granick analysis. But it's easy to do the guidelines calculation. The base level for fraud is 6, and there is an 18 level enhancement when the amount in question is between 2 and 7 million dollars, as the government claimed. That yields, with no criminal history, a guideline level of 24 and a sentence of 57-71 months if there were no other enhancements. There almost always are. You can drop 2 levels if the defendant "accepts responsibility" which may or may not have happened. There would be 2-3 years of supervised release (no computer) and a fine within statutory limits. The danger with multiple counts is that the sentencing judge may decide to impose consecutive punishments which would exceed the guideline range. In this particular case, which, make no doubt about it, was a political case, Ortiz' office might seek an upward departure because of the defendant's lack of remorse, the PACER incident, and a perceived "danger to the community." |
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