"Ex-Gov. Rod Blagojevich sentenced to 14 years"

The title of this post is the headline of this local story reporting on the outcome of the highest-profile federal sentencing proceeding in recent months.  Here is how the piece starts:

Disgraced former Gov. Rod Blagojevich was sentenced Wednesday to 14 years in prison after he made a final plea for leniency, acknowledging his guilt and saying, “I am unbelievably sorry.”

“I believe he did, in fact, accept [responsibility],” U.S. District Judge James Zagel said in announcing how long Blagojevich should spend in prison after being convicted of 18 corruption charges that included attempting to sell or trade an appointment to fill the U.S. Senate seat left vacant by the election of President Barack Obama.

But the judge said the entire state suffered from his actions.  “When it is the governor who goes bad, the fabric of Illinois is torn and disfigured and not easily or quickly repaired,” Zagel said.  “You did that damage.”

Blagojevich slightly sunk his head after the sentence was read.  Wife Patti put her hand up to her mouth, but did not cry, as she has done in previous hearings.  Blagojevich walked up to her and asked, “You OK? Stay strong.”  After court was over, the two embraced in the courtroom and she buried her head in his chest.

Blagojevich will have to surrender Feb. 16.  Under federal sentencing rules, Blagojevich will have to serve 85 percent of his sentence, or just under 12 years in prison, at a minimum.  The ex-governor turns 55 on Saturday.

In deciding the sentence, the judge said he had given credit to Blagojevich for accepting responsibility for his crimes in remarks made Wednesday morning.  “It’s clear he is not blaming” the people around him, said Zagel, adding that he also gave Blagojevich credit for his work on behalf of children while governor in creating the state’s All Kids health-care program.

Referring to comments from Blagojevich’s lawyers in asking for a sentence of no more than 3½ years, Zagel said:  “I don’t doubt his devotion to children, but this is not ... exceptional, in my own experience.  I see case after case where good fathers are bad citizens.  There is no question that the innocent children of felons suffer.  This is tragic, but, as he admits, the fault of this lies with the defendant alone.  Now, it is too late.  “If it is any consolation to his children, he does not stand convicted of being a bad father.”

But Zagel noted the damage caused by Blagojevich “is not measured in the value of money and property.  The harm is the erosion of the public trust in government; [people’s] confidence in and trust in government.”

UPDATE:  This press release from the US Attorney's Office for the Northern District of Illinois provides a bit of (curious?) explanation for the application of the guidelines by Judge Zagel:

During the sentencing hearing, Judge Zagel agreed with the government that the properly calculated advisory federal sentencing guidelines provided for a sentencing range of 30 years to life.  He also agreed with the government that the range was not appropriate within the context of this case, and found an “effective” guideline range of 188 to 235 months in prison, which was proximate to the government’s recommended sentence of 15 to 20 years.  The judge further reduced the range to 151 to 188 months after finding that Blagojevich accepted responsibility for his crimes at sentencing.

I hope through future media coverage of this case that I come to better understand just how and why Judge Zagel "agreed with the government that the [30 year to life calculated guideline] range was not appropriate within the context of this case, and found an 'effective' guideline range of 188 to 235 months in prison."   Specifically, I wonder (1) if Judge Zagel formally justified this decision on a "traditional" departure ground or on 3553(a) variance concepts (or both), and (2) just how Judge Zagel decided to move down six offense levels on the USSG Sentencing Table in order to settle on the range of 151 to 188 months.  

I also find notable and interesting that, after giving Blago this six-level downward adjustment under the guidelines AND giving him an extra two-point reduction by giving him (surprising?) credit for acceptance of responsibility, Judge Zagel than decided he should give Blago a sentence in the middle of the then-applicable guideline range.  (For those of you math-challenged like me, I used a calculator to figure out that a 14-year sentence equals 168 months.)