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Sentencing Day For Roger Stone
From:
Larry Levine - Publisher of the Midnight Report Larry Levine - Publisher of the Midnight Report
Los Angeles, CA
Thursday, February 20, 2020

 

Hi I'm Larry Levine, a former 10 year Federal Inmate and the Director and Founder of Wall Street Prison Consultants. While I'm not a lawyer, I work with and give guidance to Criminal Defendants being charged in the Federal court system on a daily basis.

Before starting Wall Street Prison Consultants, I myself served a ten-year sentence at 11 different Federal Correctional Facilities after being convicted of charges related to Securities Fraud, Narcotics Trafficking, Racketeering, Obstruction of Justice and Machine Guns, and have a working knowledge on how inmates with Roger Stone's type of crime are treated and where they are sent.

Stone 67, who is a long time friend and advisor to Donald Trump, faces a possible 9-year stretch or more serving time as an inmate in a Federal prison after being convicted in November 2019 of seven counts of lying to Congress along with witness tampering, after a jury in a Federal criminal trial in Washington D.C. that featured testimony from former Trump campaign officials Stephen Bannon and Richard Gates found him guilty. 

While Stone's legal team and the original DOJ prosecutors that tried the case may have agreed that the U.S. Sentencing Guidelines offense level for Stone's crime carried a base sentence of around one to two years in prison, the Prosecution's Sentencing Memorandum and a U.S. Probation Pre-Sentencing Report (PSR) both argued that Stone's active role and "conduct in the crime" qualified him for several sentencing enhancements known as "Upward Departures" that bumped up his sentencing range from 84 to 96 months.  

Stone's attorneys told the court that the facts of the case lend themselves in favor of a more lenient sentence, without jail time citing Stone's character in asking for a lighter sentence.

"As a 67-year-old first time offender convicted of serious but non-violent crimes, Roger Stone's history and characteristics support a sentence below the advisory Guidelines range of imprisonment," Stone's attorneys wrote in a Defense Sentencing Memorandum last week. 

When the U.S. Attorney Barr got wind of what kind of time the local prosecutors were asking for in Stone's sentence, in an extraordinary move he overruled them some believe at the insistence of U.S. President Donald Trump and filed an amended Sentencing Memorandum asking for far less time causing the 4 original prosecutors to recuse themself from the case and for 2000 former prosecutors to demand Barr resign as Attorney General.

While it's unclear how Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia will interpret the conflicting recommendations from the Justice Department, she's not stupid and is keenly aware of what took place in the trial and despite Trump's threats has the final say in the amount time Stone will receive and will probably lean heavily on the prosecutor's original sentencing memorandum.

It's safe to say that while it is possible that Trump could commute Stone's sentence as soon as it's handed down, in the event Stone does enter custody and make it to Club Fed things won't be too rough for him. Because of his age and the non-violent nature of his crime Stone would not end up at a Low Security FCI but a Minimum Security prison camp with several differences as I've outlined below.

The differences between a minimum security camp and low security FCI for an inmate can be drastic.
  • Camps have no perimeter fences or armed security.

  • FCI's have two secure barbed wire fences with roving security patrols armed with Machine Guns.

  • Camp housing unit doors are never locked.

  • FCI inmates are locked in their housing units at night.

  • Camps generally house non-violent white-collar offenders.

  • FCI's can house bank robbers, drug dealers and those convicted of sex crimes

  • Camps house inmate serving up to 10 years or less.

  • FCI's house inmates serving 10 to 20 years.

  • Camps have relatively few correctional workers.

  • FCI's have a high ratio of staff to inmates.

  • Camps have few incidents of inmate on inmate violence.

  • FCI's are known to have stabbings, inmate on inmate violence and occasional riots.

 

Regardless how much time Stone gets, I don't see him hard timing it by any means.

 

 

213-219-9033

llevine@wallstreetprisonconsultants.com

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