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Libby Sentencing Five

libby1.jpgNeed to consider seriousness of offense. Investigation extremely serious. Conduct of Mr Libby is serious behavior. Has to be a sentence that promotes respect for law. Indivs should understand there are consequences. Obviously, punishment has to be considered. Statue does call for just punishment, In reference to deterrence, nothing in this case, based on Libby's history that would suggest that specific deterrence needs to be major concern.  Considering the things he has done. No reason to believe he would commit another crime. General deterrence is important. people who occupy positions of responsibility have to appreciate taht if they step over a line, there are consequences. It causes people to lose faith in our govt. That's a major consideration.

Obviously, statute requires sentence that protects public. I have to consider the type of sentences available, I have option of imposing sentence from probation to max, I have to consider need to avoid disparities. Creates real challenge. Bc. Obviously, one one hand, there are reasons why departure might be appropriate, On other hand, consdiering nature of offense, that conduct in my view counters against imposing a sentence that departs. In the end, my view that those factors balance themselves out, which causes me to conclude that sentence does fall and should fall within the guidelines.

I don't think high end is necessary.  30 months FIne him $250,000

Within 72 hours report to probation department and abide by supervised release.

In ref to obstruction, 30 months, To other counts, to 15 months, concurrent. Supervised release for 2 years following release from detenino. 

He must provide sample of DNA, he will be required to contribute 400 hour of community service.

Short break, will proceed with bond issue.


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Marcy Wheeler aka Emptywheel is an American journalist whose reporting specializes in security and civil liberties.