How much time is Donaghy likely to serve IYO?

Journeyman

Journeyman

EOG Master
You never can tell how these things will go...

I can't see a light slap here, the media has been all over this story.... I'm sure the NBA being the hardest hit is hoping he gets the book thrown at him.

I can't see how he could possibly get less than 3 years.

2nd question; Will he have to serve the entire sentence since it's a federal case? I don't think he's incarcerated at this time.

Also it appears this latest ref will be the next to go on trial (at least publically) bad news for Stern...it was amazing that the NBA didn't take a bigger hit with the Donaghy mess, a 2nd dirty ref leads to so many more unnanswered questions and proves Stern was just covering up best he could.

Vince McMahon is probably getting a kick out of this.12io4j2w90
 
ballwonder

ballwonder

EOG Master
Re: How much time is Donaghy likely to serve IYO?

I think he will get a 3 year sentence and serves about 85 percent. That is what I think. I think even with his cooperation he still serves a good portion of the time. I think federal time is 85 percent if I am not mistaken.
 
junkman773

junkman773

1
Re: How much time is Donaghy likely to serve IYO?

I think your right about the 85% but I think that is the max they can give you off. I say he get 5 years
 
Journeyman

Journeyman

EOG Master
Re: How much time is Donaghy likely to serve IYO?

If he wasn't up against the NBA , he'd have a better chance of getting less time....it being so highly recognized works against him, I believe.
 
4625

4625

2
Re: How much time is Donaghy likely to serve IYO?

For some reason, the plea agreement and factual resume are not available online in this case. Once I see those documents, I will be able to calculate his advisory guideline score, which will give a fairly reliable range of his likely sentence. . .I'll see what I can find out when I have more time. . . .
 
Journeyman

Journeyman

EOG Master
Re: How much time is Donaghy likely to serve IYO?

4625 said:
For some reason, the plea agreement and factual resume are not available online in this case. Once I see those documents, I will be able to calculate his advisory guideline score, which will give a fairly reliable range of his likely sentence. . .I'll see what I can find out when I have more time. . . .
Click to expand...

Thanks

I can't find anything on this subject, nobody talking about his sentence length, seems odd as popular a story as it is.
 
4625

4625

2
Re: How much time is Donaghy likely to serve IYO?

I have assumed that Donaghy has no prior criminal history. He pled guilty to conspiracy to commit wire fraud and conspiracy to transmit gambling information. I calculate his guideline score to put him in the 46-57 month range. However, there are two huge caveats with this guideline range: 1) the Federal Sentencing Guidelines are now "advisory" only, due to the Booker decision; and 2) I have been led to believe that the government will file a 5K1 Motion for Downward Departure based on Donaghy's "substantial assistance" in helping the goverment prosecute others.
Because the Guidelines are now advisory, the judge is not necessarily required to stay within that range, but any departure must be "reasonable" and he must provide notice to the parties if he is contemplating such a departure (the vast majority of federal sentences fall within the Guideline range).
If the assistance that Donaghy has provided to the government is truly "substantial," it is very possible that he could serve as little as one-quarter of the Guideline range, if the government desires to go to bat for him with the judge. . . .All in all, we don't really have enough information at this point in time to be any more accurate. I don't think he'll get sentenced to more than five or less than one, but I've been mistaken before; albeit in front of a different federal judge. . . .
 
Journeyman

Journeyman

EOG Master
Re: How much time is Donaghy likely to serve IYO?

Interesting 4625!

thanks for sharing....are you in that field?
 
Journeyman

Journeyman

EOG Master
Re: How much time is Donaghy likely to serve IYO?

Ok good, from now on you'll be the EOG Legal Analyst when we need to know this stuff!

good stuff!

Now lets see what he gets...I'm going with a 36-42 month sentence range.
 
4625

4625

2
Re: How much time is Donaghy likely to serve IYO?

I don't really follow celebrity cases very much; I have my own to follow. I believe that the other guys were only apprehended because of Donaghy's assistance, so I'm looking for a dramatic downward departure request from the government if I'm him. However, the intense media scrutiny does not help at all; the judge is liable to feel the need to "send a message" with his sentence. Such a "message" is usually measured in years, so there are competing impulses here for upward and downward departures. I will go out on a limb and "guesstimate" that he gets sentenced to somewhere between 30-36 months; though I reserve the right to amend if and when more information becomes available.
 
Journeyman

Journeyman

EOG Master
Re: How much time is Donaghy likely to serve IYO?

4625 said:
I don't really follow celebrity cases very much; I have my own to follow. I believe that the other guys were only apprehended because of Donaghy's assistance, so I'm looking for a dramatic downward departure request from the government if I'm him. However, the intense media scrutiny does not help at all; the judge is liable to feel the need to "send a message" with his sentence. Such a "message" is usually measured in years, so there are competing impulses here for upward and downward departures. I will go out on a limb and "guesstimate" that he gets sentenced to somewhere between 30-36 months; though I reserve the right to amend if and when more information becomes available.
Click to expand...

Spoken like a man 'in the biz' :houra
 
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