Marvelous Marv

Sometime tomorrow, Randy "Duke" Cunningham will have been sentenced. The prosecution wants the max--ten years.

The defense wants no more than six years, on the grounds that he admitted his guilt, he regrets his behavior, and he has health problems, although the only thing I've seen in that regard is that he had prostate cancer in the past.

Frankly, I don't give a shit HOW sorry he is, since it wasn't like he confessed before he was hopelessly cornered. I also don't care if he regrets his behavior. Tell that to the Pentagon officials who report that he tried to have them fired, and went over their heads because they questioned the legitimacy of some of the contracts he was paid to push.

I say give him the max, since he's the most egregious political bribery case I can recall.

It's a little overused, but "Don't do the crime if you can't do the time" still works for me.

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"The problem with socialism is that you eventually run out of other people's money."
Margaret Thatcher

politicophile

As a general rule, giving the maximum sentence to people who confess is not a great idea because it gives future criminals every incentive to bring their case to trial rather than just pleading guilty. A though.

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The peculiar evil of silencing the expression of an opinion is, that it is robbing the human race; posterity as well as the existing generation; those who dissent from the opinion, still more than those who hold it. If the opinion is right, they are deprived of the opportunity of exchanging error for truth: if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error. ~John Stuart Mill, On Liberty

martinguerre

politcophile...and the amount below the max should be proportionate to the risk the state would incur by forcing the matter to trial. Since the chance of aquittal is virtually none...Duke gains little by retaining his right to trial. He didn't have room to bargain.

This has almost no effect on a person facing charges that are less secure...their ability to bargain is proportionate to the chance that they have of gaining aquittal.

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For God so loved creation, that God sent God's only Son that whosoever believed should not perish, but have everlasting life.

-John 3:16

Marvelous Marv

I'm treading on dangerous ground by not researching this first, but didn't he plea bargain for ten years? I fail to see the logic of negotiating a plea bargain downward.

Not to mention the horrible example it sets.

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"The problem with socialism is that you eventually run out of other people's money."
Margaret Thatcher

AVoiceOfReason

Ok, I will state right up front that I don't know much about Cunningham's case. I weigh in only as a lawyer that has handled many federal criminal defense cases.

When Cunningham cut his deal, it was likely to one or two counts that carried a maximum of 10 years. If the US sentencing guidelines (USSG) are followed, and they are now discretionary with the judge, not binding, he should receive some credit for "taking responsibility." Under the USSG, if his offense was a level 28 (and I have NO idea, I'm just making up numbers), and his criminal history score is a zero (likely the case), then the judge could reduce the level of the offense to level 25.

Also under the USSG is the possibility for a "downward departure" from the guidelines based on other factors, such as cooperation (that's called a "5K motion" if you hear it discussed on a chat show). I've seen as many as 7 levels deducted due to cooperation (i.e. the guy sang like a canary and other people got caught), and as few as 3 levels. In fact, I recently had a guy that was on the edges of a criminal enterprise. We went in to try to get a couple of levels knocked down by telling what we knew, but he didn't know anything the feds didn't already have, so he got NO reduction under 5K (we didn't really expect it).

Now the judge may decide not to follow the guidelines because of the notoriety of Cunningham and to send a clear message to other elected officials that at least in his court, you better not be doing what he was convicted of.

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AVOR

A Voice Of Reason, not necessarily the ONLY one.

Poppinjay

Cunningham is as sleazy as they come. He pushed for the death penalty for drug traffickers. Then when his son was busted for....... DRUG TRAFFICKING, "Duke" made a tearful plea for leniency. His son was sentenced to 2 1/2 years.

His righteous, holier than thou act has come to a close. And he's in as low a place as he'll ever be.

That said, ten years is a death sentence for him. For a politician in his position, 6 years or 30 years doesn't really matter (unless you're Marion Barry), the ride is over. The money is gone. Or it better be.

Honestly, if I were him, given his politics of moral outrage, I'd take advantage of the stretch to enjoy being out of the limelight.

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I think the Apocalypse is happening all around us. We go on eating desserts and watching TV. I know I do. I wish we were more capable of sustained passion and sustained resistance. We should be screaming and what we do is gossip. -Lydia Millet

Frobby

He also proposed cutting off benefits for any active duty military that contracted AIDS.
He's a sleazeball's sleazeball.

Marvelous Marv

Thanks for the insider's viewpoint. Judging from his well-established selfishness, I'm sure he sang like a canary, too.

There are rumors he wore a wire for the Feds, too. I guess we'll find out later if that's true.

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"The problem with socialism is that you eventually run out of other people's money."
Margaret Thatcher

AVoiceOfReason

I see Cunningham got 100 months:

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SAN DIEGO, California (CNN) -- Former GOP Congressman Randy "Duke" Cunningham was sentenced Friday to eight years and four months in federal prison for taking $2.4 million in bribes from at least three defense contractors.

The sentence is the highest ever for a former member of Congress, prosecutor Jason Forge said. Cunningham was taken into custody after sentencing, he said.

The 64-year-old Cunningham, a former U.S. representative from California, pleaded guilty November 28 to conspiracy to commit bribery, mail fraud, wire fraud and tax evasion. He also pleaded guilty to a separate tax-evasion violation for failing to disclose income in 2004.

Hours after entering the pleas, Cunningham resigned from Congress in tears.

He could have been sentenced to 10 years in prison, but U.S. District Judge Larry Burns shortened his time because of Cunningham's military service, age and health, Forge said. If he continues to cooperate with authorities, his sentence could be reduced further, the prosecutor said. _____________________________________

Under a federal sentence, the normal rule is that a defendant serves about 85% of the time given. 100 months works out to about 7 years in prison, unless the part I put in italics comes about.

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AVOR

A Voice Of Reason, not necessarily the ONLY one.

Marvelous Marv

I say he serves half that.

Too bad the public seems to have already lost interest.

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"The problem with socialism is that you eventually run out of other people's money."
Margaret Thatcher