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| Maureen McDonnell sentencing guidelines call for 5 to 6 and 1/2 years in prison | Maureen McDonnell sentencing guidelines call for 5 to 6 and 1/2 years in prison |
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| The U.S. probation office has determined that federal sentencing guidelines call for former Virginia first lady Maureen McDonnell to spend as many as six and a half years in prison — a stiff term that she is unlikely to receive but will nonetheless serve to guide the judge deciding her fate. | The U.S. probation office has determined that federal sentencing guidelines call for former Virginia first lady Maureen McDonnell to spend as many as six and a half years in prison — a stiff term that she is unlikely to receive but will nonetheless serve to guide the judge deciding her fate. |
| In a sealed report given to prosecutors and defense attorneys last week, the probation office wrote that it had calculated McDonnell’s so-called guideline range as 63 to 78 months — roughly five to six-and-a-half years in prison. Two people familiar with the report’s contents described the range under the condition of anonymity because the matter has not been made public. | In a sealed report given to prosecutors and defense attorneys last week, the probation office wrote that it had calculated McDonnell’s so-called guideline range as 63 to 78 months — roughly five to six-and-a-half years in prison. Two people familiar with the report’s contents described the range under the condition of anonymity because the matter has not been made public. |
| U.S. District Judge James R. Spencer is required to consider that range as he sentences the former first lady on Feb. 20, though he is not bound to follow it. Spencer sentenced former Virginia governor Robert F. McDonnell, Maureen McDonnell’s husband, to just two years in prison earlier this month, despite an initial recommendation from the probation office that the onetime Republican rising star spend at least 10 years and a month in prison. | |
| Experts have said Maureen McDonnell will likely face a sentence less than that of her husband, given that the former first lady is not considered a public official and was found guilty of three fewer public corruption counts. | |
| Defense attorneys for Robert and Maureen McDonnell, U.S. Attorney Dana Boente and a federal probation official in Richmond declined to comment for this story. | |
| The McDonnells were convicted in September of lending the prestige of the governor’s office to Richmond businessman Jonnie R. Williams Sr. in exchange for $177,000 in loans, gifts and luxury goods. In the federal system, determining an appropriate punishment for their crimes is a complicated system that combines technical calculations (like what is the value of the things they received from Williams) with more intangible considerations (like what might deter others in the McDonnells’ shoes). | The McDonnells were convicted in September of lending the prestige of the governor’s office to Richmond businessman Jonnie R. Williams Sr. in exchange for $177,000 in loans, gifts and luxury goods. In the federal system, determining an appropriate punishment for their crimes is a complicated system that combines technical calculations (like what is the value of the things they received from Williams) with more intangible considerations (like what might deter others in the McDonnells’ shoes). |
| Calculating the federal sentencing guidelines range is the first step in the process, requiring the U.S. probation office to look at the circumstances of the case and other factors to come up with an objective, mathematical recommendation for what penalty Maureen McDonnell should face under the guidelines. The recommendation is only an initial one: prosecutors and defense attorneys still can try to convince the probation officer to change the range, and they can eventually take their concerns to Spencer himself. | Calculating the federal sentencing guidelines range is the first step in the process, requiring the U.S. probation office to look at the circumstances of the case and other factors to come up with an objective, mathematical recommendation for what penalty Maureen McDonnell should face under the guidelines. The recommendation is only an initial one: prosecutors and defense attorneys still can try to convince the probation officer to change the range, and they can eventually take their concerns to Spencer himself. |
| On the day Maureen McDonnell is sentenced, Spencer will decide what range the guidelines ultimately recommend, and whether he wants to follow that recommendation at all. | On the day Maureen McDonnell is sentenced, Spencer will decide what range the guidelines ultimately recommend, and whether he wants to follow that recommendation at all. |
| It is not clear, precisely, how the probation officer determined Maureen McDonnell should spend as many as six and a half years in prison. Those who described the report to the Washington Post did not provide such details. But her husband’s guidelines might be instructive. | It is not clear, precisely, how the probation officer determined Maureen McDonnell should spend as many as six and a half years in prison. Those who described the report to the Washington Post did not provide such details. But her husband’s guidelines might be instructive. |
| The probation office had initially determined Robert McDonnell received more than $121,000 worth of benefits from Williams — which enhanced his guideline range considerably — though Spencer said they should have calculated the amount as between $97,000 and $121,000. Spencer also determined — contrary to the probation office’s recommendation — that Robert McDonnell did not obstruct justice during his testimony at the trial, and said the guidelines should have called for a prison term between 78 and 97 months, or roughly 6 and 1/2 to 8 years. | The probation office had initially determined Robert McDonnell received more than $121,000 worth of benefits from Williams — which enhanced his guideline range considerably — though Spencer said they should have calculated the amount as between $97,000 and $121,000. Spencer also determined — contrary to the probation office’s recommendation — that Robert McDonnell did not obstruct justice during his testimony at the trial, and said the guidelines should have called for a prison term between 78 and 97 months, or roughly 6 and 1/2 to 8 years. |
| That was significantly less than the probation office’s recommended term of 10 years and a month to 12 years and 7 months | That was significantly less than the probation office’s recommended term of 10 years and a month to 12 years and 7 months |
| Spencer, of course, gave the former governor a sentence far below what the guidelines called for and talked at length in court about how he was not bound to follow them. At one point, he said a sentence of seven or eight years would be “ridiculous, under these facts.” That was somewhat surprising; judges in the Eastern District of Virginia follow the sentencing guidelines more than 70 percent of the time, and Spencer is known as a judge who does so as often as anyone. | Spencer, of course, gave the former governor a sentence far below what the guidelines called for and talked at length in court about how he was not bound to follow them. At one point, he said a sentence of seven or eight years would be “ridiculous, under these facts.” That was somewhat surprising; judges in the Eastern District of Virginia follow the sentencing guidelines more than 70 percent of the time, and Spencer is known as a judge who does so as often as anyone. |
| Robert McDonnell’s defense attorneys had asked that the former governor be sentenced to just 6,000 hours of community service. Maureen McDonnell’s attorneys have not yet put together their request to the judge, though they are expected to do so in the coming weeks. | Robert McDonnell’s defense attorneys had asked that the former governor be sentenced to just 6,000 hours of community service. Maureen McDonnell’s attorneys have not yet put together their request to the judge, though they are expected to do so in the coming weeks. |
| Robert McDonnell is scheduled to report to prison Feb. 9, though he has asked the U.S. Fourth Circuit Court of Appeals to let him keep his freedom while his appeal is pending. That effort gained two significant supporters Tuesday, when retired federal judge Nancy Gertner and Harvard law professor Charles J. Ogletree Jr. requested to file amicus briefs backing the former governor. Five former Virginia attorneys general and the National Association of Criminal Defense Lawyers have made similar requests. | Robert McDonnell is scheduled to report to prison Feb. 9, though he has asked the U.S. Fourth Circuit Court of Appeals to let him keep his freedom while his appeal is pending. That effort gained two significant supporters Tuesday, when retired federal judge Nancy Gertner and Harvard law professor Charles J. Ogletree Jr. requested to file amicus briefs backing the former governor. Five former Virginia attorneys general and the National Association of Criminal Defense Lawyers have made similar requests. |
| Rosalind S. Helderman contributed to this report. | Rosalind S. Helderman contributed to this report. |