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How any State Conviction Could Impact Trump's Future Federal Sentence
Midnight Report Midnight Report
Moorpark, CA
Tuesday, June 18, 2024


Former President Donald Trump has had his share of troubles and now facing potential federal sentencing, on top of state felony convictions the situation is getting more intriguing. The U.S. Sentencing Guidelines play a role in determining how things might unfold. Lets delve into how these guidelines and the significant Pre Sentence Report (PSR) could influence Trumps sentencing prospects.

Looking Ahead to Federal Charges

While controversies are no stranger to Trump the current scenario is undeniably grave. Investigations are ongoing regarding offenses linked to his alleged interference in the 2020 election and the events of January 6th. These charges include offenses like conspiracy to defraud the United States (18 U.S.C. § 371) obstruction of a proceeding (18 U.S.C. § 1512) and seditious conspiracy (18 U.S.C. § 2384).

Understanding the U.S. Sentencing Guidelines

Established under the Sentencing Reform Act of 1984 the U.S. Sentencing Guidelines aim to ensure fairness and consistency, in sentencing decisions by evaluating both the gravity of the crime and the defendants criminal history to determine a suggested sentencing range.

The Guidelines Breakdown;

  • Base Offense Levels; Each offense is initially categorized at a base level. For instance obstruction of justice commences, at level 14.
  • Specific Offense Characteristics; Factors such as loss in fraud cases or the use of weapons can influence the base level positively or negatively.
  • Adjustments; Additional points may be assigned based on the defendants role, acknowledgment of responsibility or any added obstruction of justice.

Moreover defendants are classified based on their behavior into a Criminal History Category ranging from I (least serious) to VI (most severe). Previous felonies typically result in an addition of 3 points each. The Sentencing Table combines the level and criminal history category to propose a sentencing range. While judges can deviate from these guidelines they must provide justification.

Impact of Trumps Recent Conviction in New York

Trumps conviction in New York for business fraud carries weight as it introduces a major state level felony to his criminal record. This places him in Criminal History Category II (adding 3 points).

Larry Levine, from Wall Street Prison Consultants is well versed in these proceedings. 

He mentions that the U.S. Sentencing Guidelines prioritize consistency and fairness. When factoring in a state conviction, like Trumps, his criminal history category increases affecting his federal sentence.

The Pre Sentence Report (PSR) is prepared by Pre Trial Services before sentencing in court. This report serves as a document for the judge covering everything from the defendants background to the specifics of the offense.

Roles of Pre Trial Services include;

1. Investigation; Delving into the defendants history, criminal record and details of the crime.

2. Interviews; Speaking with the defendant, family members, employers and others who can provide information.

3. Risk Assessment; Evaluating flight risk and community safety concerns to influence decisions on bail and detention.

Contents of the PSR consist of;

1. Defendants Personal History; Details on family background, education, employment history, health status among factors.

2. Criminal History; A detailed account of convictions along with their nature and circumstances.

3. Offense Conduct; Elaborate description of the crime committed, outlining the defendants role and its impact, on victims.

Holli Coulman, from Pink Lady Prison Consultants emphasizes the importance of the Pre Sentence Report (PSR) in shaping the sentencing decision. The PSR provides an overview of the defendants background and the circumstances surrounding the crime influencing the judges ruling.

Analyzing Trumps potential federal charges in New York reveals varying offense levels; conspiracy to defraud the United States (level 14) obstruction of a proceeding (level 14 with potential enhancements) and seditious conspiracy (level 10 with possible enhancements). 

Impact of New York Conviction

Considering Trump's criminal history points a conviction in New York adds 3 points placing him in Criminal History Category II. Factoring in leadership role and use of violence enhancements his estimated offense level is 22 resulting in a Federal Sentencing Range of 46 to 57 months ( 3.8 to 4.75 years) opposed to the 41 to 51 months it would be without the New York Conviction.

In case of another conviction related to election interference, in Georgia Trumps criminal history points would increase to 6 moving him into Criminal History Category III. With both convictions considered his estimated offense level rises to 24 with a sentencing range of 63 to 78 months (around 5 to 6.5 years).

Taking responsibility and entering into plea agreements can lower the level under §3E1.1 by a points usually around two to three levels. However this requires demonstrating remorse and confessing on in the process. In high stakes situations like Trumps case sincerity will be closely scrutinized.

Despite plea agreements being in place judges are not obligated to follow them. They have the authority to impose sentences based on the guidelines and various other considerations. Given the high profile nature and gravity of Trumps charges plea deals may not carry weight.

As Trumps legal battle unfolds discussions about his sentence are rampant. With charges existing state felonies and a detailed Presentence Investigation Report (PSR) Trump could be facing significant time in prison if found guilty. Experts, like Larry Levine emphasize understanding the court proceedings and preparing for incarceration as steps.

Levine clearly states, "The guidelines ensure that everyone is subject, to the law and in situations like this they will be enforced rigorously."

Having a grasp of the U.S. Sentencing Guidelines and the function of the PSR is crucial, in understanding the intricacies of sentencing in notable cases. The comprehensive work of Pre Trial Services guarantees that justice is administered equitably holding the system responsible.

Larry Levine




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Name: Larry Levine
Title: Director
Group: Wall Street Prison Consultants
Dateline: Moorpark, CA United States
Direct Phone: 213-948-1069
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