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In reply to the discussion: Judge demands answers after Jan. 6 defendant recants guilt [View all]GregariousGroundhog
(7,592 posts)44. Not an attorney, but I don't mind reading through the federal sentencing guidelines
https://www.ussc.gov/guidelines/2021-guidelines-manual-annotated
First off, this all assumes he has no prior criminal history
If I'm reading the manual correct correctly, Obstructing Congressional or Administrative Proceedings (18 U.S.C. 1505), maps to section 2J1.2 of the sentencing manual (per Appendix A). Section 2J1.2 calls for a level 14 sentence, unless he threatened or used in violence, in which case it calls for a level 22 sentence. By accepting responsibility, he could have removed two levels from his sentence (per section 3E1.1). Level 12 calls for 10-16 months of imprisonment whereas level 14 calls for 15-21 months. Level 20 calls for 33-41 months, while level 22 calls for 41-51 months.
So this defendant likely earned himself an extra 5 months (if he merely followed people like a lemming) or 8-10 months (if he partook in violence) behind bars.
First off, this all assumes he has no prior criminal history
If I'm reading the manual correct correctly, Obstructing Congressional or Administrative Proceedings (18 U.S.C. 1505), maps to section 2J1.2 of the sentencing manual (per Appendix A). Section 2J1.2 calls for a level 14 sentence, unless he threatened or used in violence, in which case it calls for a level 22 sentence. By accepting responsibility, he could have removed two levels from his sentence (per section 3E1.1). Level 12 calls for 10-16 months of imprisonment whereas level 14 calls for 15-21 months. Level 20 calls for 33-41 months, while level 22 calls for 41-51 months.
So this defendant likely earned himself an extra 5 months (if he merely followed people like a lemming) or 8-10 months (if he partook in violence) behind bars.
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Judge demands answers after Jan. 6 defendant recants guilt [View all]
Yo_Mama_Been_Loggin
Feb 2023
OP
That's not a defense at all. What matters is that he was under oath when he pled guilty.
Ocelot II
Feb 2023
#26
Hopefully it will teach a lesson to the other blowhard chest thumpers being charged
SouthernDem4ever
Feb 2023
#27
not an attorney but know a little bit and yes that's what he just did to himself. Blew his deal
ZonkerHarris
Feb 2023
#14
Not an attorney, but I don't mind reading through the federal sentencing guidelines
GregariousGroundhog
Feb 2023
#44
Well. Whatever your deal was, you can kiss it goodbye. He should also be charged with lying
onecaliberal
Feb 2023
#16
I've always understood that once a judge accepts a plea deal, it can't be revoked after the fact
Mr. Ected
Feb 2023
#18
The judge can reverse the plea deal if you lie (commit perjury) in order to obtain a plea deal.
bluesbassman
Feb 2023
#20
These guys never seem to "Find Out" quite as much as they ought to when they "Fuck Around"
RockRaven
Feb 2023
#34