Mueller Files Sentencing Memo in Manafort's D.C. Case

Robert Mueller's office has filed its sentencing memorandum for Paul Manafort in his case in the District of Columbia. His guidelines are high, but since he's only being sentenced for two conspiracy counts, each of which has a statutory maximum of five years, the most he can get is 10 years in the case. The question is if the judge will run the sentence in this case concurrently or consecutively to the sentence he'll get in Virginia.

As of now, sentencing in the Virginia case is set for March 11, while sentencing in the D.C. case is set for March 18. In the Va. case, he went to trial, was convicted on multiple counts and the jury hung on some counts. The Probation Department and the Government calculate his sentencing guideline range in the Va. case to be 235 to 293 months. If he gets 235 months in Virginia, the court in D.C. could give him 10 years either concurrent or consecutive to the Va. sentence, which would be a total sentence of 30 years.

Here is the Court's order in the D.C. case finding Manafort intentionally lied during his proffers and Grand Jury testimony.

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    Most judges would be reluctant to sentence (none / 0) (#1)
    by Peter G on Sun Feb 24, 2019 at 02:48:29 PM EST
    consecutively on two conspiracy counts, even though the statutory law and Supreme Court precedent allows it, unless the two agreements (the factual essence of the crime of "conspiracy") are really separate. In addition, as I have been pointing out in recent threads, the U.S. Sentencing Guidelines suggest only a "reasonable incremental sentence" (sec 5G1.3, note 4) -- not a fully consecutive term, for sure -- on the second of two separate cases.

    I was thinking the two conspiracy (none / 0) (#8)
    by Jeralyn on Sun Feb 24, 2019 at 09:20:50 PM EST
    counts he pleaded to in Washington would be treated like telephone counts, where the max is 4 years but if you are convicted of 2 telephone counts, the max is 8. In other words they stack the counts until they reach the guideline range or combined statutory max.

    Under 5G1.2:

    (d)  If the sentence imposed on the count carrying the highest statutory maximum is less than the total punishment, then the sentence imposed on one or more of the other counts shall run consecutively, but only to the extent necessary to produce a combined sentence equal to the total punishment. In all other respects, sentences on all counts shall run concurrently, except to the extent otherwise required by law.

    So in the Washington case, if his guidelines are 293 months, the judge could give him 10, the statutory max for two 5 year conspiracy counts. Then she would decide whether the 10 would be consecutive or concurrent to whatever he got in Virginia. That's the point at which I see 5G1.3 coming in with the requirement of reasonableness.

    Do  you think the two conspiracy counts in the same case (Washington) don't get stacked?



    What you say is 100% right (none / 0) (#9)
    by Peter G on Mon Feb 25, 2019 at 12:38:47 PM EST
    as far as the Guidelines go. Sorry I skipped over that part. I was thinking that since the Guidelines are only advisory, I would cogitate on what I thought the judge might do instead of following the Guidelines. (And since the Guidelines would call for a ten-year sentence, running consecutively to the VA sentence (case #1) only to the extent necessary to produce a "reasonable incremental punishment" for Case #2, it might not matter whether the judge formally imposes ten years in the D.C. case on not, once it's packaged with the E.D.Va. case.)

    This (none / 0) (#2)
    by CaptHowdy on Sun Feb 24, 2019 at 03:21:38 PM EST
    "Based on his relevant sentencing conduct, Manafort presents many aggravating sentencing factors and no warranted mitigating factors."

    I would think it's one thing to not cooperate and quite another to agree to cooperate and continue lying and trying to act as a double agent for others charged and uncharged.

    Paulie will get decades in jail I'm thinking.

    Could we have an Oscar thread? (none / 0) (#3)
    by CaptHowdy on Sun Feb 24, 2019 at 04:22:12 PM EST

    Billy Porter's toxedo gown (5.00 / 1) (#5)
    by Towanda on Sun Feb 24, 2019 at 05:44:48 PM EST
    is sll.

    The red carpet steals the show before the show starts. It's over.


    Sort of a dandy vampire look. (none / 0) (#6)
    by desertswine on Sun Feb 24, 2019 at 06:01:33 PM EST
    More dandy vampire (5.00 / 1) (#7)
    by CaptHowdy on Sun Feb 24, 2019 at 06:16:06 PM EST
    The best people. (none / 0) (#4)
    by KeysDan on Sun Feb 24, 2019 at 04:36:03 PM EST
    often lost in reporting, is that Manafort was Trump's Campaign Manager. No small fry among key Trump associates.

    The ordering of the sentencing dates may not help Manafort: The sentencing by the District Judge in the Eastern District of Virginia comes first, and then the DC Court.  Judge Ellis often seemed sympathetic to the defense and his having the last word might have worked out better for Manafort.  My guess is that if Judge Ellis's sentence is much below the guidelines for the felony verdicts of that jury, Judge Jackson may provide for sentencing in her Court that is not fully consecutive.

    The defense memo (none / 0) (#10)
    by CaptHowdy on Mon Feb 25, 2019 at 08:46:14 PM EST
    Has dropped

    They think he should get no jail time.  Because he didn't kilo anyone.  Apparently

    KILL (none / 0) (#11)
    by CaptHowdy on Mon Feb 25, 2019 at 08:46:33 PM EST

    Or sell any kilos .... (none / 0) (#12)
    by Peter G on Mon Feb 25, 2019 at 09:04:17 PM EST
    works either way