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Comment by tptacek

In a previous thread, I had this at "more than 10 years, less than 60" (yeah, that's an easy bet to make!). The core driver of the sentence is probably the guidelines 2B1.1 table, which scales sentencing levels by economic losses. She was convicted for something like $140MM in fraudulent losses, which by themselves ask for a 24-level escalation (the table maxes out in the mid-40s).

By the numbers, the court was probably quite lenient here. Not to say that's an unjust outcome; the "lenient" option for sentencing on serious federal felonies is still quite harsh.

Edit

I tracked down the prosecutor's sentencing memorandum; they asked for 15 years. So I guess maybe not that lenient.

Later edit

The PSR (the court's own sentencing memorandum, which the prosecution and defense respond to) had Holmes at level 43. I hereby claim that I called this. :P

But the PSR looks at the guidelines level table, which suggests 960 months for level 43, and instead recommends 108 months. So the court imposed a sentence higher than the PSR, lower than the prosecution asked, and all parties asked for much lower than the guideline maximum for the level.

https://news.ycombinator.com/item?id=29790880

Later later edit

I'm doing the math wrong; the guidelines range at that level is 240 months per charge (usually served consecutively). Still much higher than the ultimate sentence.

parent tptacek 4 years ago

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