With all of the federal arrests with the D.C. insurrection, this is my semi-annual reminder about federal criminal charges: When you read someone faces 10 years or 20 years or whatever, that means very little. Those are the maximums under the law. (1/4)
What matters most are the federal sentencing guidelines - an equation based on past criminal history, the offense itself, and some other factors. They are not mandatory, but a judge has to have a good definable reason to stray from them with the recommended sentence. (2/4)
What does this mean? It means, if convicted, many of the accused in the assault on the Capitol will not receive the maximum sentences you see in the news coverage. Plus, those maximums are based on the charged crime; some might be pleaded down to lesser crimes. (3/4)
This happens every day in every courtroom. There is no reason to think it won't happen with these case. (4/4)
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