Description

After being found guilty of crimes including Seditious Conspiracy, Elmer Stewart Rhodes, leader of the "OathKeepers" was given the longest sentencing to date for any 1/6 defendant.  

Here, we monday-morning quarterback every aspect of Rhodes' sentencing.  There is much to learn from this one, about guideline issues, written advocacy, allocution, and post-sentencing conditions of confinement. 

Helping us get Set for Sentencing, my great friend and colleague, Mark Allenbaugh. 

IN THIS EPISODE:

• Checking in on our guideline predictions from from an earlier episode (on YouTube only) entitled “Sedition Edition” (link below);
• The somewhat circuitous, but still devastating application of the terrorism enhancement;
• A statistical reality check for those who feel Elmer got a big break at sentencing;
• Life expectancy analysis of Rhodes and how his lawyers missed properly arguing it;
• Analyzing arguments under the “3Rs” of sentencing narrative (Revelation, Relativity, Redemption);
• Analysis of the stellar written pleadings of the government and the abysmal defense memo;
• Predicting how much time will Mr. Rhodes will actuall serve;
• Where he might serve his time and what will his conditions of confinement potentially look like.

LINKS:

SEDITION EDITION - in this early episode, Mark and I did full-on guideline predictions of this case.  Were they all spot on?  Check out this YouTube bonus episode: https://www.youtube.com/watch?v=u7-HXqCcH4A&t=566s

Ep. 35:  TRUMP THE TERRORIST?  Rhodes got a "terrorism enhancment" under the federal sentencing guidelines.  We did a deep dive into this in an earlier ep as well, looking at what might happen if Trump ever gets indicted for crimes related to 1/6.  https://youtu.be/vYwlBdzH-ts

Ep. 53:  The ZIPPO is on Fire! In today's episode, we discuss how Rhodes wasn’t eligible for the zero point offender reduction (i.e. the ZiPpO) because he was a “leader/organizer” under the guidelines.  If you wanted more info about the ZIPPO, here's that link:  https://youtu.be/NxdEycbtdo8

Walt Pavlo & Maureen Baird: We got some great input from our friends Walt and Maureen.  Walt founded Prisonology, a top line prison consultancy.  Unlike some other so-called prison consultants, Prisonology's expertise goes well beyond the fact that Walt spent some time in federal prison.  He has amassased a team of true experts, most of whom were former high-level  BOP officials.   www.prisonology.com  

FREE RESOURCES:  

I do (another) deep dive into the "3Rs of Sentencing Narrative."  If this is somehow new to you, and you haven't downloaded my article on this, head on over to the shownotes page at:

https://dougpassonlaw.com/podcast/elmer/