New Jersey Criminal and DWI Lawyer & Attorney : John Marshall Law Firm : Drunk Driving, DUI : Monmouth County, Middlsex County, Union County, New Jersey

Former NFL star and Atlanta Falcons quarterback Michael Vick was sentenced today in Federal Court by the Honorable Henry E. Hudson on dogfighting charges. In an earlier post, I discussed the re-emergence of judicial discretion in sentencing in Federal court following the landmark Booker decision in 2004. This judicial discretion is evident in the 23 month sentence Michael Vick received today. The prosecutors in this case, after negotiating a plea agreement with Michael Vick, recommended 12-18 months incarceration. However, judge Henry Hudson, who has a reputation for being hard on crime, sentenced Vick today to 23 months in federal prison. Vick was facing up to 5 years in prison for his connection with a dogfighting ring. After Vick apologized to the court and his family, Hudson told him: "You need to apologize to the millions of young people who looked up to you." "Yes, sir," Vick answered.

• Print This Article
• Comments
• Trackbacks

Michael Vick has pled guilty to charges in Federal Court stemming from his connection to a dog fighting ring. As a result, Vick faces sentencing in Federal Court in December. In the past, the Federal Sentencing Guidelines have been mandatory. Therefore, Federal judges had little to no discretion in sentencing offenders. Depending on the offender’s prior criminal history, cooperation with the government, and other aggravating and mitigating factors, points are added and deducted to determine the length of the sentence. However, this all changed in October 2004 when the Booker decision came down from the United States Supreme Court. In Booker, the USSC made the Federal Sentencing Guidelines advisory rather than mandatory and reinstated judicial discretion in sentencing. As a result, things have changed significantly which could affect the sentence of Michael Vick. The prosecutors, as a result of Vick’s plea bargain, are recommending 12-18 months (the minimum under the Federal Sentencing Guidelines). However, because of the judicial discretion involved, Vick could receive the maximum five-year sentence. The judge in this case, Henry E. Hudson, has a reputation for being tough on crime. We will see if the Booker decision and re-emergence of judicial discretion in sentencing offenders in Federal Court affects the sentence of Atlanta Falcons quarterback Michael Vick.

• Print This Article
• Comments
• Trackbacks