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[quote=Anonymous][quote=Anonymous]Then I'm confused. The absolute max under the guidelines was 30 years and he got 22.5 (plus 199 days time served)?[/quote]

Yes. This is still an upward departure based on what he was convicted of and his criminal history score under the MN sentencing guidelines. However, it is true that a “single aggravating factor” would allow the judge to double the presumptive guidelines to the statutory max and that’s what the state argued for (30 years). To some extent, the judge does need to take into account precedent and arguments that would be raised on appeal.

In the sentencing order the judge noted that when analyzing cases of this nature where aggravated sentences were imposed, the average aggravated departure sentence was 278.2 months for defendants with a criminal history score of zero. He then noted that some of the departures at the top end were plea deals and had other factors, and imposed a 270 month sentence.

Some people are confused over the judge’s comment about “ten years over the presumptive 150 month sentence” since technically the guidelines allow 180 months without a formal finding of aggravated factors. The grid effectively allows judges discretion between 128-180 months, but lists 150 months as the “presumed” sentence. That is a confusing because “presumptive guidelines” refers to the 128-180 months range and “presumed sentence” refers to the 150 months that is “recommended” by the guidelines and what Cahill was referring to in that context. You’ll also see Cahill reference at times “bottom of the box” (128) and “top of the box” (180). 
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