| Sheldon Silver Had Sentence
Cut to 78 Months From 7 Years Now Off Cusp No
Trump Pardon
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Jan 20 – New York State
political boss Sheldon Silver
was re-sentenced on July 20 to
78 months in prison, to begin
on August 26, and to a $1
million fine. Both represent
reductions after Silver's
appeal to the Second Circuit.
Inner City Press
live tweeted the
re-sentencing, below.
On January
18, Silver was on the cusp of
a pardon from Donald Trump,
along with Lil' Wayne.
But when
the list came out early on
January 20, Silver was not on
it (though Steve Bannon, Kwame
Kilpatrick and a man with
UNICEF links were). We'll have
more on this.
From Silver's
re-sentencing: Judge Caproni
starts up, rules that a
purported victim who has asked
to speak is not, as a matter
of law (as AUSA Richenthal
puts it) a victim, will not
hear from him.
Judge Caproni:
Guideline sentence would be 17
to 22 years; she repeats that
would be draconian. Asks for
input, "please take your mask
off when you are
speaking." [Not what
SDNY Judge Rakoff said earlier
today, here.]
AUSA Richenthal:
The 2d Circuit's vacatur means
little. He lied about it... He
hurts, sure. The people of the
State of NY were hurt, though.
He was so good at hiding what
he did. Impose the same or
similar sentence.
Silver's lawyer: He looks old.
His legs fill with water.
Walking here, took a long
time. As his wife Rosa, who is
here, can attest, this case
has worn on him.
Silver's lawyer:
The man is soft spoken and
caring. He has
repeatedly told me to spend
time with my family. The
letters are just a sample of
the people Mr Silver has
helped. The take away is,
overall Mr. Silver was a kind
and caring person.
Silver's
lawyer: Last time, the court
imposed seven years. Now two
years later, things have
changed. His health. He's two
years older. The 2d Circuit
vacated three counts. Judge
Caproni: The 2d Circuit
confirmed he engaged in the
meso scheme, right? Yes.
Silver's lawyer:
The found that the post 2008
referral were not criminal.
Judge Caproni: That's not what
they found. Silver's lawyer:
There's #COVID19. How about
home confinement? Silver's
lawyer: 97 Federal inmates
have died of COVID.
Look at the Paul
Manafort case - he was
released. Judge Caproni: By
the Executive Branch. Just to
be clear. Silver's lawyer:
What about Skelos? More
egregious conduct Silver's
lawyer: Judge Pauley sentenced
a 34 year old Goldman Sachs-er
to home confinement. [Inner
City Press covered that too, here.]
Silver's
lawyer: He think about it
every day - morning prayers,
evening prayers. He describes
losing his way during his time
in public office. For all
these reasons, we ask for home
confinement and rigorous
community service.
Silver himself: I
know a lot of people have lost
faith in their government.
There are a lot of reasons,
but my actions contributed or
certainly did not help the
situation. It's very painful
for me. I know how elected
officials can help people in
meaningful ways. Silver:
I'm sad. This is my 3rd time
before you. My actions were
ethically indefensible. I had
a misplaced sense of
entitlement. Judge
Caproni: This has been a long
time coming. First he said, No
discernible harm. Second time,
he bemoaning becoming a
joke
Judge Caproni: If
you thought you were doing
good for New York, why did you
hide it? This was corruption
pure and simple. The 2d
Circuit decision impacts only
how much money you should pay.
Judge
Caproni: Still, I think a
double digit sentence would be
too much. Probation wants 10
years; the government wants
more. You sought bail on
appeal, got two years to live
off your pension, unlike Mr.
Skelos. The time has come to
pay the piper.
Judge
Caproni: A non jail sentence
is simply not appropriate. It
is true prison at the start of
the pandemic had problems
dealing with the virus. The US
as a whole is not doing well.
I count 95 dead Federal
inmates, not 97. It's mostly
the same rate as
nationwide
Judge Caproni: I
expect Mr. Silver will go to a
prison camp, that he will be
tested on arrival and before
release. I couldn't guarantee
he wouldn't contract COVID if
not in jail. I previously
sentenced Mr Silver to seven
years. "This time: 78
months." Judge Caproni
also imposed $1 million fine.
Silver asks for Otisville.
Judge Caproni
will recommend that; orders
Silver to surrender by noon on
August 26. If not yet
designated, then to Marshals
here at 500 Pearl
Street.
Judge Caproni:
I'm not going to delay
surrender. Mr Silver, his time
has come. He has to start it.
Let's see what happens. BOP
has been doing a pretty good
job, while much of the country
has not been. Thank you all.
The case is US v.
Silver, 15-cr-93 (Caproni)
***
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