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Libby Sentencing Seven


Wells: all we’re asking is a right to file a full brief.

Wells Fitz told me it was his position that he did not see Libby as flight risk. Would agree to reasonable surrender date. I told him in light of that.

Walton: I don’t have a problem with having you all submit something so I can rethink it. How much time will govt need,

Fitz: If we could have 10 days.

Wells: that’s too long, we have to get to Court of Appeal. I would ask govt to file brief by Monday, we’ll reply by Tuesday, so if your honor does not change, we can get right to Court of Appeals.

Fitz: My only point is we don’t have a head start on brief, I assume they’ve though through what they’re going to represent.

Walton: Thursday for filing of defense. Monday for filing of, actually, Tuesday for govt, and

Wells We'll respond in 24 hours. 

Walton; 1:30 on Thursday for hearing.

Wells: WRT surrender date, Fitz has no objection to reasonable date.

Walton: I don't do that, if I don't file notice bail pending appeal, generally takes 45-60 days.

Fitz: Wanted your honor to make aware of one thing. 30 months on obstruction. Just wanted to point out, if your honor was trying to correspond, one would be lower and one would be higher. By our read on false statements would have a 6, would mean guidelines range for false statement is 0-6 months, on other hand, perjury counts, level 14, but your honor found intereference enhancement, perjury 24-30 months.

Walton: I was under the impression it was all counts.

Fitz: if we do not litigate now, I'd like to make sure it's on the record that a level 17 would be range of perjury counts, in light of your honor's ruling, false statements would be 0 to 6, we were not as clear as we should have been.

Walton: does probation agree with those assessments?

Walton: I'm going to stay the sentence at this point until Probation has had a chance to break down sentence, until next Wednesday.

Probation: In original calculation, we grouped all four counts, that changes the calculations, and prosecutor is correct that it lowers level for some accounts.

Walton: I'll stay until Probation does the new calculations. 

Um, is it too early for beer thirty? 


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