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Don't get your hopes up for 10 years. (530 Views)

March 12, 2020 10:08PM
I don't practice that much in federal court, but it's important to recognize that when the DOJ trumpets "Could face 10 years!" that is often quite unrealistic.

The federal sentencing guidelines (substantially, at least) control what the eventual sentence will be. Factors like any prior criminal history, the amount of $ loss the feds can prove up, # of jobs lost, etc., all can factor into what the guidelines say. Then you may find a judge willing to make a departure from the manual (up or down), or not. Maybe you get a few points shaved for cooperation, or maybe you don't, etc.

All of which to say, don't spend a lot of time relishing the pronouncement of a 10 year sentence, it ain't likely coming.

And of course, I'm not your lawyer, and this isn't legal advice.
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