Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

Holmes definitely didn't get away with anything.. she's not going to be sentenced until September but you can calculate her expected sentence yourself..

The DoJ guidelines for calculating the offense level: https://guidelines.ussc.gov/gl/%C2%A72B1.1

Federal sentencing matrix: https://www.ussc.gov/sites/default/files/pdf/guidelines-manu...

Just looking at the first charge of 4. She was convicted of conspiracy to commit wire fraud: Base offense: 7, but the enhancements get huge in a hurry. I don't know how much they're going to pin on her, but call it $150M? That's a 26 point enhancement.

So can go down the chart to row 33 and see what a first time offender should be sentenced to: 135–168 months in Federal prison. In her best case, she's sentenced to 11 years and can get out with good behavior after 9.5. Worst case she's sentenced to 14 years and can get out in 12.

Safe to say she'll be in Federal prison for a decade. I don't have a strong opinion on what's "appropriate" for financial fraud, she'll be paying a ton of restitution as well, but 10 years behind bars is no joke.



She won't get more than 5 years in jail. Balwani will do 20+ years.

https://fivethirtyeight.com/features/women-arent-always-sent....


Didn't she just have a baby? And Balwani was the very bad man that she started dating at 18 when he was 37?

I predict very little jail time.


Is that how sentencing works? (I honestly have no idea.)


No, fortunately not. Though being pregnant can sometimes lead to lighter or modified sentances if the judge is allowed discretion.


The judge has discretion to sentence a defendant to whatever they feel is justified, even outside the sentencing guidelines--they are just guidelines after all. Of course, you can appeal on the grounds that the sentence was clearly unreasonable.


You do tend to get a more lenient sentence if you have dependents, but its not guaranteed.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: