The nitty-gritty on sentencing in the Michael Vick case
Analysis of the Michael Vick dog-fighting case is now turning seriously to sentencing issues. This USA Today article highlights some the sentencing terms of the plea deal entered last Friday by two of Vick’s co-defendants. Here are a few particulars:
In the signed plea agreements for [Purnell] Peace and Quanis Phillips, 28, of Atlanta, both entered guilty pleas to a one-count indictment charging them with conspiracy to travel in interstate commerce in aid of unlawful activities and to sponsor an animal fighting venture.
In both agreements, attorneys for the defense and prosecution agreed to a level 13 sentencing guidelines. In the Federal Sentencing Guidelines Manual, that means a recommendation of 12-18 months’ imprisonment. Initially, both sides agreed to a level 15 guidelines: 18-24 months. The court papers said that was reduced to level 13 due to the “acceptance of responsibility” by Peace and Phillips in entering guilty pleas. Both sides also agreed that “aggravating circumstances” in the case warranted an “upward departure” in the sentencing guidelines, citing “the victimization of execution of pit bull dogs.”
Meanwhile, in this new Findlaw article, Mark Allenbaugh and Frank Larry analyze “Michael Vick’s Sentencing Gamble: How Much Time Can He Expect?” Here is a bit of their analysis of how Vick’s celebrity status could matter:
Of course, celebrity status is not formally a factor in sentencing considerations. But it may nevertheless play a role.
If the Guidelines yield a final offense level that allows for alternative sentences such as probation, house arrest, community confinement, intermittent confinement, or community service, Vick’s situation may be unusual. For instance, house arrest can be luxurious for a celebrity defendant, whereas a celebrity’s community service — for instance, a PETA ad by Vick expressing remorse and publicizing the harms of dogfighting — could be more effective than that of an ordinary defendant.
Vick’s celebrity status also means that his formal sentence will only be part of his punishment: He may lose his career, or at least valuable years of it, as well. Will the Court take that into account? It’s unlikely. While the Guidelines generally strive for justice and fairness, they don’t take into account collateral consequences particular defendants suffer in their lives due to pleading guilty or being convicted, or due to imprisonment.
Some related Vick sentencing posts: