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| What to expect at former Virginia governor Robert McDonnell’s sentencing | What to expect at former Virginia governor Robert McDonnell’s sentencing |
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| A federal judge in Richmond will decide on Tuesday what punishment former Virginia governor Robert F. McDonnell deserves for trading the influence of his office to a smooth-talking businessman in exchange for sweetheart loans, lavish vacations and a variety of other loot. | A federal judge in Richmond will decide on Tuesday what punishment former Virginia governor Robert F. McDonnell deserves for trading the influence of his office to a smooth-talking businessman in exchange for sweetheart loans, lavish vacations and a variety of other loot. |
| The decision will not be a simple one. | The decision will not be a simple one. |
| U.S. District Judge James R. Spencer will have to answer technical, legal, even mathematical questions. How much were the loans, vacations and luxury goods that McDonnell received from Jonnie R. Williams Sr. actually worth? Should the swag be treated as multiple bribes or lumped together? | U.S. District Judge James R. Spencer will have to answer technical, legal, even mathematical questions. How much were the loans, vacations and luxury goods that McDonnell received from Jonnie R. Williams Sr. actually worth? Should the swag be treated as multiple bribes or lumped together? |
| He will have to weigh sweeping, personal, almost intangible considerations. How serious was McDonnell’s public corruption? What penalty might deter others in his shoes? | He will have to weigh sweeping, personal, almost intangible considerations. How serious was McDonnell’s public corruption? What penalty might deter others in his shoes? |
| The answers that Spencer comes up with will ultimately determine what penalty would amount to justice for the first Virginia governor ever to be convicted of a crime. Prosecutors want McDonnell to spend at least 10 years and a month in prison. The former governor’s defense attorneys believe a sentence of community service — and no time behind bars — would be sufficient. | The answers that Spencer comes up with will ultimately determine what penalty would amount to justice for the first Virginia governor ever to be convicted of a crime. Prosecutors want McDonnell to spend at least 10 years and a month in prison. The former governor’s defense attorneys believe a sentence of community service — and no time behind bars — would be sufficient. |
| Both sides will make their best pitches to the judge in person beginning at 10 a.m. The defense’s will probably include a personal plea from McDonnell and perhaps from some of his supporters; Spencer already has been given 440 letters that friends, family members and others wrote on the governor’s behalf, urging leniency and extolling the virtues of the onetime Republican rising star. | Both sides will make their best pitches to the judge in person beginning at 10 a.m. The defense’s will probably include a personal plea from McDonnell and perhaps from some of his supporters; Spencer already has been given 440 letters that friends, family members and others wrote on the governor’s behalf, urging leniency and extolling the virtues of the onetime Republican rising star. |
| Spencer also has reviewed filings from prosecutors, who have attacked McDonnell as a man who feels no remorse and is still seeking to blame others. | Spencer also has reviewed filings from prosecutors, who have attacked McDonnell as a man who feels no remorse and is still seeking to blame others. |
| McDonnell will not likely spend Tuesday night behind bars, as nonviolent offenders in white collar cases are generally given a date to report to prison on their own. His attorneys on Monday asked that he be allowed to keep his freedom until his appeals are adjudicated. | McDonnell will not likely spend Tuesday night behind bars, as nonviolent offenders in white collar cases are generally given a date to report to prison on their own. His attorneys on Monday asked that he be allowed to keep his freedom until his appeals are adjudicated. |
| McDonnell and his wife, Maureen, were convicted in September of public corruption for lending the prestige of the governor’s office to Williams in exchange for $177,000 in loans, vacations and luxury goods. Maureen McDonnell is being sentenced separately from her husband in a proceeding scheduled for Feb. 20. Henry Asbill, one of McDonnell’s defense attorneys, and U.S. Attorney Dana Boente declined to comment for this story. | McDonnell and his wife, Maureen, were convicted in September of public corruption for lending the prestige of the governor’s office to Williams in exchange for $177,000 in loans, vacations and luxury goods. Maureen McDonnell is being sentenced separately from her husband in a proceeding scheduled for Feb. 20. Henry Asbill, one of McDonnell’s defense attorneys, and U.S. Attorney Dana Boente declined to comment for this story. |
| The starting point for determining the former governor’s punishment is this: The U.S. probation office — the federal agency tasked with calculating a range of appropriate penalties according to the federal sentencing guidelines — has recommended in a report that McDonnell face somewhere between 10 years and a month to 12 years and seven months in prison. There is no parole in the federal system, and if McDonnell were to be incarcerated, he would only be able to reduce his actual time behind bars with good behavior by 54 days per year, at most. | The starting point for determining the former governor’s punishment is this: The U.S. probation office — the federal agency tasked with calculating a range of appropriate penalties according to the federal sentencing guidelines — has recommended in a report that McDonnell face somewhere between 10 years and a month to 12 years and seven months in prison. There is no parole in the federal system, and if McDonnell were to be incarcerated, he would only be able to reduce his actual time behind bars with good behavior by 54 days per year, at most. |
| Spencer is not bound by the probation office’s guideline recommendation — it is merely a technical calculation of how the office believes federal sentencing guidelines should be applied in the case — but experts say he typically heeds its advice. Prosecutors hope he does so again. They argued in court filings that they believe the guideline range was properly calculated, and that Spencer should impose a prison term within it. | Spencer is not bound by the probation office’s guideline recommendation — it is merely a technical calculation of how the office believes federal sentencing guidelines should be applied in the case — but experts say he typically heeds its advice. Prosecutors hope he does so again. They argued in court filings that they believe the guideline range was properly calculated, and that Spencer should impose a prison term within it. |
| McDonnell’s defense attorneys countered that the probation office misstated some facts of the case and misinterpreted the law. They argued in court filings that the sentencing guideline range should have been calculated as two years and nine months to three years and five months. And they urged Spencer to impose a penalty even lower than that. | McDonnell’s defense attorneys countered that the probation office misstated some facts of the case and misinterpreted the law. They argued in court filings that the sentencing guideline range should have been calculated as two years and nine months to three years and five months. And they urged Spencer to impose a penalty even lower than that. |
| Spencer will have to settle both matters, determining if the recommended range should be less severe and if the sentence he imposes should fall inside of it. | Spencer will have to settle both matters, determining if the recommended range should be less severe and if the sentence he imposes should fall inside of it. |
| The first question is largely a technical one. The probation office increased the range of recommended penalties for McDonnell because — in the estimation of a probation officer — the former governor received multiple bribes and those bribes totaled more than $120,000. The probation office also penalized McDonnell for obstructing justice during his testimony at trial, and it did not give him credit for accepting responsibility in the case. | The first question is largely a technical one. The probation office increased the range of recommended penalties for McDonnell because — in the estimation of a probation officer — the former governor received multiple bribes and those bribes totaled more than $120,000. The probation office also penalized McDonnell for obstructing justice during his testimony at trial, and it did not give him credit for accepting responsibility in the case. |
| In court filings, defense attorneys argued the probation office’s valuation of what the former governor received from Williams was too high, saying McDonnell should not have been assessed the full, face value of $120,000 in loans that were ultimately paid back. Defense attorneys also argued that while McDonnell might have received more than one payment, those payments stemmed from “only a single incident of bribery.” | In court filings, defense attorneys argued the probation office’s valuation of what the former governor received from Williams was too high, saying McDonnell should not have been assessed the full, face value of $120,000 in loans that were ultimately paid back. Defense attorneys also argued that while McDonnell might have received more than one payment, those payments stemmed from “only a single incident of bribery.” |
| Defense attorneys wrote that McDonnell did not obstruct justice when he testified on his own behalf, saying the former governor actually acknowledged many of prosecutors’ factual allegations but disputed that his conduct was illegal. They argued McDonnell deserved credit, instead, for accepting responsibility in the case. | Defense attorneys wrote that McDonnell did not obstruct justice when he testified on his own behalf, saying the former governor actually acknowledged many of prosecutors’ factual allegations but disputed that his conduct was illegal. They argued McDonnell deserved credit, instead, for accepting responsibility in the case. |
| Prosecutors disputed all of those points. They noted that Williams’s loans came with terms that were “so staggeringly bare that they barely constituted loans at all,” and they said McDonnell went to Williams repeatedly to solicit loans or bribes. They also detailed eight instances they believe showed McDonnell lying on the witness stand and said that any remorse McDonnell showed “centers on the fact that he was caught, rather than acknowledgment and responsibility for his criminal conduct.” | Prosecutors disputed all of those points. They noted that Williams’s loans came with terms that were “so staggeringly bare that they barely constituted loans at all,” and they said McDonnell went to Williams repeatedly to solicit loans or bribes. They also detailed eight instances they believe showed McDonnell lying on the witness stand and said that any remorse McDonnell showed “centers on the fact that he was caught, rather than acknowledgment and responsibility for his criminal conduct.” |
| After Spencer determines the guideline range, he will weigh entirely different factors as he fashions what he considers an appropriate punishment. Among those that prosecutors and defense attorneys highlighted in McDonnell’s case: the nature and circumstances of his offenses, McDonnell’s personal history and characteristics and the need to deter others from ending up in similar straits. | After Spencer determines the guideline range, he will weigh entirely different factors as he fashions what he considers an appropriate punishment. Among those that prosecutors and defense attorneys highlighted in McDonnell’s case: the nature and circumstances of his offenses, McDonnell’s personal history and characteristics and the need to deter others from ending up in similar straits. |
| Their views could hardly be more divergent. | Their views could hardly be more divergent. |
| Defense attorneys urged Spencer to consider all the good the former governor had done before his conviction. They attacked the charges against McDonnell and asserted that the former governor’s trial was so public and painful that it would itself deter others from making similar mistakes. | Defense attorneys urged Spencer to consider all the good the former governor had done before his conviction. They attacked the charges against McDonnell and asserted that the former governor’s trial was so public and painful that it would itself deter others from making similar mistakes. |
| The attorneys asked that McDonnell be sentenced to 6,000 hours of community service, even suggesting specific assignments that might be appropriate. | The attorneys asked that McDonnell be sentenced to 6,000 hours of community service, even suggesting specific assignments that might be appropriate. |
| Prosecutors shot back that the former governor’s illustrious career and advanced education only made him “especially qualified to understand the gravity of his crimes.” They urged Spencer to send a message with his sentence, writing that leniency “could easily lead other public officials to believe that the potential benefits of corruption outweigh the costs.” | Prosecutors shot back that the former governor’s illustrious career and advanced education only made him “especially qualified to understand the gravity of his crimes.” They urged Spencer to send a message with his sentence, writing that leniency “could easily lead other public officials to believe that the potential benefits of corruption outweigh the costs.” |
| A former prosecutor and JAG officer, Spencer was appointed to the court by President Ronald Reagan in 1986. Known as a no-nonsense and efficient jurist, he took senior status on the bench last year, meaning he is now semi-retired. | |
| Jacob Frenkel, a former federal prosecutor who now does white collar criminal defense work, said Spencer probably will not impose a decade-long sentence, but defense attorneys’ bid for only probation is something of a “Hail Mary.” | Jacob Frenkel, a former federal prosecutor who now does white collar criminal defense work, said Spencer probably will not impose a decade-long sentence, but defense attorneys’ bid for only probation is something of a “Hail Mary.” |
| Since his September conviction, McDonnell has been leaning on friends and family as he prepared for Tuesday’s hearing. Prosecutors have also revealed that he has a consulting contract that pays him $7,500 a month. | Since his September conviction, McDonnell has been leaning on friends and family as he prepared for Tuesday’s hearing. Prosecutors have also revealed that he has a consulting contract that pays him $7,500 a month. |
| The owner of a Virginia Beach company that does plumbing and HVAC in major construction companies confirmed that his company gave McDonnell the contract after the trial. Rod Rodriquez, the owner of Bay Mechanical Inc., said McDonnell has been working two to three days a week, doing sales calls and otherwise helping the company expand its client base. | The owner of a Virginia Beach company that does plumbing and HVAC in major construction companies confirmed that his company gave McDonnell the contract after the trial. Rod Rodriquez, the owner of Bay Mechanical Inc., said McDonnell has been working two to three days a week, doing sales calls and otherwise helping the company expand its client base. |
| Rodriguez, who has not previously donated to McDonnell’s campaigns, said he has been a friend for many years. “I just think the world of him and whatever I can do to help, if I can afford it, I’ll be there,” he said. | Rodriguez, who has not previously donated to McDonnell’s campaigns, said he has been a friend for many years. “I just think the world of him and whatever I can do to help, if I can afford it, I’ll be there,” he said. |
| In addition to the complex legal arguments, Tuesday’s hearing could hold some drama. McDonnell himself will likely address the court, asking for leniency on his own behalf. And the defense may present other witnesses to speak on his behalf. Former Virginia governor L. Douglas Wilder (D) said he’s been asked to be prepared to potentially address the court. | |
| If Spencer sentences McDonnell to prison, it will be up to the judge to decide how quickly McDonnell must report. On Monday, his attorneys formally asked that he be allowed to remain free on bond during his sure-to-be-lengthy appeals. They argued that their appeals will raise “substantive legal questions” that would overturn the conviction or result in a new trial if the appellate court decides in McDonnell’s favor, particularly about whether the former ever performed “official acts” for Williams in exchange for his largesse. And they noted other instances in which officials convicted of corruption have been allowed bond. | If Spencer sentences McDonnell to prison, it will be up to the judge to decide how quickly McDonnell must report. On Monday, his attorneys formally asked that he be allowed to remain free on bond during his sure-to-be-lengthy appeals. They argued that their appeals will raise “substantive legal questions” that would overturn the conviction or result in a new trial if the appellate court decides in McDonnell’s favor, particularly about whether the former ever performed “official acts” for Williams in exchange for his largesse. And they noted other instances in which officials convicted of corruption have been allowed bond. |
| Where McDonnell is sent to prison — if he is sent to prison at all — will depend on how officials classify his security level, what facilities have beds available and perhaps even his status as a high-profile inmate, said Cheri Nolan, the managing director of Federal Prison Consultants, an organization that helps people navigate the U.S. prison system. | Where McDonnell is sent to prison — if he is sent to prison at all — will depend on how officials classify his security level, what facilities have beds available and perhaps even his status as a high-profile inmate, said Cheri Nolan, the managing director of Federal Prison Consultants, an organization that helps people navigate the U.S. prison system. |
| McDonnell might not be automatically bound for minimum security: Bureau of Prisons policies call for inmates with more than 10 years left on their sentences to be housed in low-security facilities, which have double-fenced perimeters and more guards. Prison officials could waive that requirement, but Nolan said such deviations are uncommon. | |
| If he is permitted to voluntarily surrender, McDonnell would be allowed to bring with him little more than his wedding band and prescription glasses, Nolan said. If he is turned over to the U.S. Marshals immediately, he might be handing personal effects off to family members in the courtroom. |