Phillipos is an American citizen and college student. Each count carries a maximum penalty of 8 years, for a maximum of 16 years. In addition, there are enhancements under the Sentencing Guidelines. See, USSG 2J1.2 and 2X3.1. While the guidelines are advisory, they are the starting point.

Phillipos, unlike his co-defendants, is not charged with obstruction of justice or conspiracy. He didn't get rid of the backpack or any other evidence. The feds had already announced Dzhokhar and his brother were suspects, so his false statements didn't help Dzhokhar avoid detection.

None of the three defendants in this case appear to ascribe to any terrorist ideology. They are teenagers, who made a mistake and tried to shield a friend. The Government wants to throw the book at them. I wonder how many years they offered him. Did the U.S. Attorney for Mass. not learn anything from Aaron Swartz's suicide? This is overkill.

I also wonder whether the Government can even prevail on the materiality element. None of his alleged false statements seem material. He also made them without being provided counsel.

Last week, Najibullah Zazi's uncle was