December 26, 2011
Student guest-post discusses "Wide Receiver Busts (Non-Draft Edition)"
A couple more students got me some more "top-flight" guest-post material in time to get a little credit for the effort. I will post the entries periodically, and start with this sports-related sentencing post for all those who have (like me) already spent a little too much time watching football since classes ended:
It’s no great surprise to learn that an athlete is in legal trouble, but the recent investigations of (now former) Bears receiver Sam Hurd and Bengals receiver Jerome Simpson break the mold of DUI’s and t-shirt thefts. Simpson and Hurd were both investigated for drug distribution crimes that carry major federal sentencing consequences, yet Simpson is still reeling in passes for Cincinnati’s playoff drive while Hurd was quickly waived by Chicago.
Hurd wasn’t just waived because he isn’t as good a player -– 8 catches for 109 yards to Simpson’s 40 catches for 629 yards and 3 TD’s –- his situation is far more dire. Both cases are federal and implicate the sentencing guidelines. Simpson received a shipment of 2.5 pounds of Northern California marijuana while Hurd told an undercover federal agent that he wanted to buy between 5 and 10 kilograms of cocaine and 1,000 pounds of marijuana per week.
Hurd has been charged with conspiracy to distribute 500 or more grams of cocaine, and his case has been transferred to Texas. Under the federal guidelines § 2D1.1(c), that amount carries a base offense level of 26. This is raised to 38, however, for a conspiracy of a continuing criminal enterprise under § 2D1.5 and a mandatory minimum of 20 years under 21 U.S.C. § 848. Hurd could face life imprisonment under the same statute if his gross receipts over 12 months were over $10 million and he was a principal administrator. Given that Hurd had offered to pay around $2.8 million a month for drugs, it seems likely he would meet these thresholds. It is an enormous jump under the statute from the base level 38 which would result in a sentence of 235-293 months (20-25 years) without any criminal history adjustments.
By contrast Simpson’s marijuana package would carry a base offense level of 10, and 6-12 months with no criminal history, though he may be subject to mandatory minimums if he is found to be part of an ongoing conspiracy and other packages were found in his home could lead to a higher base level. California federal prosecutors have taken over his case, and he is yet to be charged. These facts indicate that Simpson may be cooperating to reduce his penalties and to help investigators go after drug suppliers in Northern California’s “Emerald Triangle.”
Given the penalties faced by Hurd, he is incentivized to follow Simpson’s lead (if he is in fact cooperating). Though his lawyer has indicated that a guilty plea is not immediately forthcoming, the mandatory minimums provide a huge reason for him to identify bigger fish for the federal prosecutors to fry.
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Unfortunately for Sam Hurd, he wasn't a second round draft pick that can do this:
Posted by: Adam C | Dec 29, 2011 10:12:32 PM
The trouble with thinking you went to a great law school is that most of us only go to one, so we have no comparisons.
W&L is known for its fabulous legal clinics. I was in one, and can say it was the most valuable parts of my legal education and career. http://www.atcoachoutletsonline.com/
I thought all schools were this good! Then I went into the world and heard about programs (or lack thereof) in other law schools. Most did not hold a candle to W&L. http://www.saleincoachoutlet.com/
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Alves: Barca must take risks
Agen Bola indo11.com reported, Dani Alves believes Barcelona will have to take risks in Tuesday’s match against AC Milan if they are to reach the Champions League quarter-finals.
The Spanish champions were beaten 2-0 in the first leg at San Siro and the Brazilian defender is eagerly anticipating this week’s return – setting his sights on an ‘historical comeback’.
“We will do our utmost to try and win the game. If we don’t take risks we won’t win, though. We are not afraid of the task at hand,” Dani Alves told as reported by Indo Eleven.
“We have shown to be a great team, but we have never completed a historic comeback. Perhaps the moment has come to do it.
“People need to see that you’re going to fight to get to the next round. We need to have a connection.”
Source : www.indo11.com
Posted by: chamroeunliverpool | Mar 21, 2013 3:33:19 AM