Inner City Press Livetweeting Michael Avenatti Sentencing
This thread is reporting what is happening at Michael Avenatti’s sentencing live:
OK – Michael Avenatti's sentencing in the Nike case is beginning @SDNYLIVE. Avenatti present in suit and black COVID mask. Inner City Press will live tweet, thread below. Song, with audio from exhibit at trial: https://t.co/nZB0qwMBAt
— Inner City Press (@innercitypress) July 8, 2021
Perhaps the most relevant tweets from the thread:
Judge Gardephe: There was ample evidence Mr. Avenatti had no genuine interest in performing an internal investigation. His objections are overruled. 2 levels are added for abuse of trust. Offense level is 31. No criminal history. Guideline is 108 to 135 months
— Inner City Press (@innercitypress) July 8, 2021
Judge Gardephe: He transferred to Penn and worked full time, then GWU law school. He worked full time and attended evening classes. He worked at King & Spalding. He went to O'Melveny and Myers. He started his own firm in 2006. The guidelines start at 108 months.
— Inner City Press (@innercitypress) July 8, 2021
Judge Gardephe: So I will not impose a fine. He must pay the $100 special assessment. The US wants restitution to Nike. The submissions are not adequate. The billing records are redacted. Under "Lagos," restitution here is limited to investigatory activities.
— Inner City Press (@innercitypress) July 8, 2021
Judge Gardephe: Mr Avenatti, I am sentencing you to 30 months imprisonment, and three years supervised release. Special assessment of $300 [$100 per count] Anything further?
Srebnick: What about designation? We ask surrender September 15, to BOP Sheridan Oregon— Inner City Press (@innercitypress) July 8, 2021
AUSA: We do not ask remand to prison, due to California case.
Judge Gardephe: I recommend the Federal prison camp in Sheridan, Oregon on September 15 – if not designated, to the US Marshals here. You have the right to appeal, notice within 14 days.— Inner City Press (@innercitypress) July 8, 2021
But please read the entire thread.
How often is it that judges go outside of the guidelines?
(I suppose I should point out that Sentencing Guidelines strikes me as a problem with the whole “Separation of Powers” thing but disparities between various groups resulted in laws saying that judges didn’t get to pick and choose who was Brock Turner and who was Tom Robinson so I guess guidelines are what we have now.)
Is the judge doing something extraordinary here or do judges dump the guidelines all the time?Report
Neither. I don’t have statistics, but, based on general impressions and conversations with federal judges, the guidelines carry the day more often than not, but deviations are common enough not to be extraordinary. At least not where the sentence, though outside the guidelines, is substantial. Judge Gardephe found Avenatti’s conduct outrageous and said so. Interestingly, the judge referred to Avenatti’s 3 months in MCC, the federal jail, which was a COVID-infested hellhole during his confinement, as a reason to reduce the sentence somewhat.Report
deviations are common enough not to be extraordinary
I might be curious as to whether there are any emergent patterns… but it’s good to know that this wasn’t a surprise from out of nowhere.Report
Flashback:
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Welp.
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Oh jeez. This is nuts.
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Two all-too-common mistakes:
1. Confusing legal skill and character.
2. Confusing good (skilled) lawyer and good (winnable) case.Report
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