Reply to Roger Stone's Time in the Barrel

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[quote=Anonymous]I think there is a great deal of misunderstanding about sentencing recommendations.

First, average sentences do not matter, especially on the state level, because sentencing is completely different on the federal level. You can not compare the two, and you cannot compare average sentences (which may only look at time served) to recommended sentencing guidelines and enhancements.

Second, it is not at all uncommon for the government to recommend enhancements for failure to accept responsibility, witness tampering, etc. If they did not do that, it would be unusual. Sentencing recommendations are mostly a mathematical equation, with the primary decision being which enhancements or credit to apply.

Sentencing guidelines can result in high sentences.  I was involved in one case where the government recommended over two hundred years under the sentencing guidelines. The judge sentenced him to 35 years. The government avoids deviating from the sentencing guidelines unless there’s a very specific reason for doing so. Often they would leave the decision to further deviate to the judge.

Finally, for individuals as high profile as Roger Stone, there is no way that the US attorney or department heads at the DOJ did not see the actual sentencing recommendation ahead of time. If they did not asked to see the sentencing memo ahead of time, that was a complete failure on their part[/quote]

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