Sentencing Decision Gives former Gov a second chance … Back in 1994, I worked with the U.S. Attorney in Charlottesville as a law student with a “third year” practice certificate. Thanks to a heavy work load and some trusting bosses, I actually spent a lot of time in court. The majority of my appearances were sentencing hearings, mainly because even a “third year” couldn’t screw that up. Essentially, you walked into court, recited the facts of the conviction, and then reviewed the relevant guidelines. The judges had little discretion to do otherwise. The majority of the cases were “possession with intent to distribute” crack cocaine: if you had more than five grams, then you did at least five years. And a lot of people went away. Ironically, I was taking “Trial Advocacy” that spring at the Law School. The professor was a newly appointed Federal judge from Richmond named James Spencer, who taught me some great lessons on trying cases. But I digress … Today, that same Judge Spencer handed down his sentencing decision in the case of the U.S. v. Robert McDonnell, which had resulted last summer in conviction under eleven (11) counts of public corruption. The Court’s judgment: two years in a Federal prison. The sentence was a dramatic departure downward from the suggested guideline range of 10-12 years, which Judge Spencer himself reduced to a more manageable 6-8 years. Even that was a daunting sentence to a man sixty years old, with no prior criminal record. The judge’s deviation from the guidelines was a surprise to me. Perhaps it was influenced by the 440 letters in support of McDonnell from long-time friends and family, as well as the upper echelon of Virginia’s establishment. Perhaps it was the testimony of figures like Doug Wilder. Perhaps it was Bob’s Boy Scout personality which seemed so incongruous with the label “convicted felon.” Either way, the former Gov got a major break. (Another major break may be coming in 2017 when President Obama leaves office and has a chance to issue bipartisan Federal pardons: Blagoyevich, Siegelman, McDonnell). There is no question that Bob McDonnell is a good candidate for mercy. His record in restoring rights for others is strong. While he accepted unreported and lavish gifts, his “corrupt acts” were of the most oblique and indirect in nature. But it was also his decision to go to trial — and not take a plea deal which could have avoided this whole mess. Decisions have consequences. In his case, the consequences will be two years in prison, minus a couple months presumably for “good time.” It’s really a good deal for him, especially if he gets a low-security site for prison. Which means that Bob should be back with us for the January 2018 inauguration of the next Governor. And that’s probably a good thing. It could have been a lot worse.
Posted on: Tue, 06 Jan 2015 22:27:40 +0000
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