In the Finest Traditions of Quatloos - A Poll

[ErsatzAnatchist]

Well, Quatloos has a reputation for being a rough crowd, so it is time to live up to that reputation. Given all of the interest in Reno's sentencing, how about a poll to see where everyone think Reno's sentence will wind up. For those without a program, here is what the various players are asking:

1) Probation: Guideline sentence is 41 to 51 months.
2) Government: Guideline sentence is 70-87 months.
3) Reno's Lawyer: Time Served
4) Government Request: A sentence well in excess of the guideline amount (not specified).

So, what does the fine Admiral Singal sentence Reno to?

P.S. Schadenfreude is a tradition, right?

[Leftcoaster]

70-87 months.

Additional 5 months for each new "filing" after today.

[TheSaint]

He'll Gerhard himself into the 88+ range.

[notorial dissent]

Stupidity will out!!!!

[LPC]

I don't really understand the sentencing guidelines;

I'm willing to assume that the probation department is right in concluding that the guideline sentence is in the 52-69 months range; and

I think that Reno has been enough of an unrepetent jerk/***hole to merit an upward departure; so

I'm guessing 52-69 months.

The "smart money" seems to be going higher. But we know how mean spirited they are. So we'll see.

[Demosthenes]

I'll take 88-120.

[cynicalflyer]

A repentant Reno with family and friends sending helpful letters would have gotten 41-51 months
A Reno that simply kept his and everyone elses mouth shut (no remorse, but no prodding either) 52-69 months
But his and his fellows antics I believe bought him 70-87 months

With "friends" like these...

[wserra]

I'll take 88-120.

Me too. Had Gonzalez &Co. not contributed to their image as clueless idiots, I would have placed my money on a sentence in the govt's proposed Guideline range (without an upward departure). However, I think there is a real chance that their antics have convinced Judge Singal that Gonzalez has learned nothing (and is thus still dangerous).

[jcolvin2]

1) Probation: Guideline sentence is 41 to 51 months.
2) Government: Guideline sentence is 70-87 months.

If anyone knows, which guideline adjustments are included in the government's calculation that are not present in probation's computation?

[Demosthenes]

The government's guideline calculation:

http://www.cheatingfrenzy.com/gonzalez524.pdf

[wserra]

If anyone knows, which guideline adjustments are included in the government's calculation that are not present in probation's computation?

From the govt's Guideline memo:

Consequently, the government respectfully submits that § 2A2.2 should be used and not § 2A2.4. If so, the following changes to the PSI should be made.
¶ 46 should reflect § 2A2.2 instead of § 2A2.4 and a base offense level of 14 instead of 10;
¶ 47A should be added to reflect a 2 level enhancement for more than minimal planning, pursuant to § 2A2.2(b)(1);
¶ 47B should be added to reflect a 3 level enhancement because firearms were brandished and their use was threatened, pursuant to § 2A.2(b)(2)(C);
¶ 48 should be changed to reflect a 6 level enhancement for official victim, pursuant to § 3A1.2(b). Consistent with Application Note 1 to § 3A1.2, the PSI notes at ¶ 44 that “the victims of Count Two A are the individual USMS deputies and not the government in general”;
¶ 51 should be changed to reflect an Adjusted Offense Level of 25 instead of 15;
¶ 65 should be changed to reflect 25 as the Adjusted Offense Level for Count Two (A) instead of 15, and should also reflect 1 Unit instead of ½ Unit;
¶ 66 should be changed to reflect 2 as the Total Number of Units instead of 1;
¶ 67 should be changed to reflect 25 as the Greater Adjusted Offense Level instead of 21;
¶ 68 should be changed to reflect an increase in offense level of 2 and not 1;
¶ 69 should be changed to reflect a Combined Adjusted Offense Level of 27 instead of 22;
¶¶ 71 & 73 should both be changed to reflect 27 instead of 22;
¶ 95 should be changed to reflect a total offense level of 27 instead of 22 and a sentence range of 70 to 87 months instead of 41 to 51 months.

[notorial dissent]

I have to agree with wserra on this, I think Reno and Co., have excelled at proving their not only general cluelessness, but their bone headed deeply held stupidity. I don’t think Reno has evidenced every indication that he has not only learned less than nothing-unlearned if anything for allowing Joe Haas anywhere near this case in this matter, but has in fact shown that he doesn’t see that he did ANYTHING wrong, and he is in fact still stupidly dangerous. If there ever was a poster boy for clueless idiot, it is our boy Reno, followed closely by his family, and supportive friends who just enhance that image.

As cynicalflyer pointed out, had Reno just shut up, he would most likely have been out in 40-50 months, instead of now looking at double to triple that amount of time. And the totally amazing part of it all, is that he has brought it all upon himself, so he has no one to blame but himself for listening to Joe Haas, his father, VanMeter, and lastlady who were egging him on.

[Scoop]

The results are in: 96 months.

[Nikki]

She beat Demosthenes to the news

She's not called SCOOP for nothing.

[wserra]

The results are in: 96 months.

Thanks, Scoop. What were the judge's comments?

[ErsatzAnatchist]

The results are in: 96 months.

I got scooped by Scoop. No surprise.

I managed to make it for most of the sentencing. An interesting time.

My thoughts:

1) Scoop looks nothing like her photo.

2) Reno's lawyer did a damn fine job. He managed to parry the judge's questions regarding a peace activist bringing guns to an armed standoff and stuff like that. Basically Reno was a peace activist, not a dangerous hoodlum. Reno was not there during the "armed camp" stage of the standoff.

3) Reno undid all of the work his attorney did and more, entitling him to an upward departure from the guidelines. Scoop took notes, but I think the guideline additions were for perjury (lying during his testimony at the trial). The long and the short of it, Reno did not show any remorse or even understanding that what he did was wrong. He basically argued that he was not fairly tried and that the .gov had lied to get his convictions. Reno also made the same stupid RSA 123 argument that the Court did not have jurisdiction in New Hampshire. The judge imposed an above guidelines departure because of his risk of committing future crimes because Reno just didn't get it. I think Reno added at least one year, and possibly three years to his sentence.

I'm sure the mellon headed cat who was in the Courtroom will have more details.

[ErsatzAnatchist]

Thanks, Scoop. What were the judge's comments?

I was not there for all of the sentencing and missed the start of the Judge's speech. Other than what I mentioned above, I did not catch much about Joe Haas's or Jose's "assistance." The Judge did say something about the filings with the Court being evidence that Reno did not get it or something like that. It was more of a passing remark than anything else.

[Scoop]

The results are in: 96 months.

Thanks, Scoop. What were the judge's comments?

The judge made several findings that Reno had perjured himself during his testimony. He highlighted every place in the trial transcript where Reno had denied violent intentions and when he described his reasons (good investment, always wanted one, etc.) for purchasing the .50-caliber rifle.

The judge didn't say as much as he did at the other sentencing hearings about his reasoning. It was mostly boilerplate about the seriousness of the crimes, etc. He did say that the .50-caliber rifle was a key sign that Reno had violent intentions.

He also responded to Reno's allegations about his rights being violated by saying that Reno had been shown more due process than Reno would have shown the marshals if they'd entered the Browns' property while he was there.

Read all about the details tomorrow . . .

[lastlady]

So the verdict here is one should be punished by the actions of others. Sound great! You guys should be so pleased with yourselves, with your superior intelligence and all, and of course you must almost be orgasmic with the results.

Time will tell how it all turns out though. But for now 7 more years in prison is not the end of the world. Oh and unless you are the Judge or Criminal Sentencing Consultant how do you even know about the letter's contents? You only know of the ones posted on the internet.

Again you are in ignorance. Oh and you are all heartless.

[lastlady]

Lies Lies Lies yeah! Their gonna get you... you know that song don't you?

The results are in: 96 months.

Thanks, Scoop. What were the judge's comments?

The judge made several findings that Reno had perjured himself during his testimony. He highlighted every place in the trial transcript where Reno had denied violent intentions and when he described his reasons (good investment, always wanted one, etc.) for purchasing the .50-caliber rifle.

The judge didn't say as much as he did at the other sentencing hearings about his reasoning. It was mostly boilerplate about the seriousness of the crimes, etc. He did say that the .50-caliber rifle was a key sign that Reno had violent intentions.

He also responded to Reno's allegations about his rights being violated by saying that Reno had been shown more due process than Reno would have shown the marshals if they'd entered the Browns' property while he was there.

Read all about the details tomorrow . . .