« US House votes, with overwhleming bipartisan support, for "Federal Prison Oversight Act" | Main | Interesting 6-3 split in ruling for feds in reach of ACCA covering state drug convictions »

May 22, 2024

Any predictions for this week's scheduled sentencing of former Baltimore prosecutor Marilyn Mosby?

What might be called the rise and fall of former Baltimore City State's Attorney Marilyn Mosby has way too many chapters and elements to cover adequately in this space.  But, tomorrow morning, her story formally becomes a sentencing story as U.S. District Judge Lydia Griggsby holds a hearing to sentence Mosby on multiple charges.  (Quirky side note: I went to high school with Judge Griggby, but I have not spoken with her in decades.)  This local news piece provides just a small window into some of the tales of Mosby:

Former Baltimore City State's Attorney Marilyn Mosby is just days away from her sentencing, months after juries in two separate trials convicted her on counts of perjury and mortgage fraud. Mosby has claimed these charges were politically and racially motivated. She even mounted a national campaign in the last few weeks for a presidential pardon.

In November and February, juries found Mosby guilty for lying in regard to a vacation home mortgage and for withdrawing from her retirement account early under the pretense of covid-related hardship.

In a court filing Monday, Mosby's attorneys continued to call for an alternative to prison time, like probation, citing the negative impact on her kids as a reason.

But, Mosby has also been stumping hard for a pardon from Pres. Joe Biden -- appearing on MSNBC and the nationally syndicated radio show The Breakfast Club. "I have been accused of doing something I have not done. I'm innocent. I'm facing 40 years for withdrawing funds from my retirement savings," Mosby said on The Breakfast Club. "The United States government, a global superpower, is coming for me."

Prosecutors have called for 20 months of prison time. In court filings, prosecutors have criticized Mosby's press tour. "She has displayed no remorse; she accepts no responsibility; she has no regrets for her actions; and she has consistently worked to undermine public faith in the justice system for her own benefit," prosecutors said in the filing.

In response to prosecutors, Mosby's attorneys said in court filings that, "Ms. Mosby has every right to maintain her innocence indefinitely."

More than a dozen civil rights organizations have pledged support for Mosby's pardon, as well as a number of high-profile names. One of the most recent names to support Mosby is Bernice King, the daughter of Martin Luther King Jr....

Prosecutors have also filed to seize her condo in Longboat Key, Florida. Mosby's attorneys said in court filings the government hasn't proved it's entitled to do that.

I have seen a lot of press pieces providing very different accounts of Mosby and her activities, and it will be interesting to see how Judge Griggsby sorts through persistent disagreements about the facts at sentencing. Long-time readers know I often see the mid-point of the parties' sentencing recommendation to serve as a reasonable over/under for any sentencing prediction.  So perhaps 10 months is a reasonable guess for how Judge Griggsby will weigh the 3553(a) factors here, though I have not followed the prior proceedings in this matter closely enough to make a truly informed prediction.

I assume Mosby is planning to appeal her convictions.  If Judge Griggsby imposes a relatively prison term, I am sure Mosby would seek bail pending appeal (which likely will be granted).  Consequently, even if a prison term were imposed, it could be a while until Mosby woud be required to report to prison (and, of course, calls for clemency would surely grow in that period). 

May 22, 2024 at 03:38 PM | Permalink

Comments

A year and a day...

Posted by: atomicfrog | May 23, 2024 9:57:00 AM

Max her the f' out.

Posted by: federalist | May 23, 2024 10:52:28 AM

And yes, I think that the prosecutors should not be arguing that a stiffer sentence is warranted because she is "undermining" confidence in the justice system. In fact, the judge should strike that portion of the brief. Mosby has every right to criticize.

Posted by: federalist | May 23, 2024 10:55:08 AM

Doug, Bill thoughts on the "undermining"? I think it an egregious overreach.

Posted by: federalist | May 23, 2024 2:15:22 PM

federalist --

The guidelines already add points for abuse of trust. Enhancing a then-prosecutor's sentence for bringing shame to her office is a variant of that. My only objection to the current prosecutor's pointing that out is that it literally goes without saying. Mosby held a public trust and disgraced it. There are times for leniency; this is not one of them.

Posted by: Bill Otis | May 23, 2024 2:37:52 PM

Bill, to the extent her actions undermine trust, that's totally legit, but I think that the filing is pushing into her self-serving criticism of the prosecution, which I don't think is proper when it comes to sentencing.

And yes, she should be maxed out.

Posted by: federalist | May 23, 2024 3:02:49 PM

https://www.city-journal.org/article/mainstream-media-outlets-refuse-to-cover-illegal-immigrant-crime

Something Doug will never post.

Posted by: federalist | May 23, 2024 3:48:51 PM

federalist, because I make my own media here, I do not spend much time criticizing other media for what they do and do not cover well. You should try it. There are clearly lots of topics you want to talk about that are off-topic of my interests, and you seemingly have plenty of time to read and write and link. Use that time productively by starting your own blog or substack, or get Bill or Kent S. to host you on their platforms. I will surely stop by to see what you have to say.

Posted by: Doug B | May 23, 2024 4:45:59 PM

I am just pointing out that your focus is on being nice to criminals.

Posted by: federalist | May 24, 2024 9:49:27 AM

Everyone is some kind of criminal (as I see every day driving home, or in gun possession and underage alcohol use data), federalist. So if you are nice to a few folks --- and I try to be nice to everyone --- you are being nice to criminals. Gov Abbott was extra nice to a particular criminal last week, and you often advocate being nice to certain types criminals here. As for my focus in this sandbox, it often shifts with my moods.

Posted by: Doug B | May 24, 2024 2:55:26 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB