https://www.lawfareblog.com/prosecut...recommendation
^^ the actual "supplemental" memo filed today. I worked with MD state guidelines before and it can be technical. I filled out the forms etc. One check in a box can escalate things quickly. in MD, the defense atty has a chance to review and talk w the ASA about it. What they scored, didnt score etc.
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The Govt's new filing states that the previous guideline recommendation of "87 to 108 months" was technically correct but it argues that,
(1) the biggest sentence enhancement of "threatening to cause physical injury" to a witness really stemmed from a very light version of physical threat as the victim/witness testified he "never felt stone was a real physical threat to him or his dog".
(2) guidelines are only guidelines and Court has discretion to fashion justice on a case by case basis.
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it read like a defendant's sentencing memorandum.
I would guess this is the only brief EVER written by the prosecution that the carefully crafted Federal Sentencing Guidelines are only recommendations and the Court is not bound by them.
I would guess every federal criminal defense atty is equally happy and shocked.
Shocked that the govt now is flying the "its just a guideline not law" flag after they themselves make that argument every time only to have the govt and judges dismiss such a notion.
Happy in that they will cut and paste and cite to this memorandum EVERY SINGLE TIME they file their own sent memo on their cases.