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murnut · 09-13-2008, 11:41 PM

18. Mr Stein confirmed that he was authorised to offer the appellant a deal in return for not contesting extradition and for agreeing to plead guilty to two of the counts laid against him of “fraud and related activity in connection with computers". On this basis it was likely that a sentence of 3-4 years (more precisely 37-46 months), probably at the shorter end of that bracket, would be passed and that after serving 6-12 months in the US, the appellant would be repatriated to complete his sentence in the UK. In this event his release date would be determined by reference to the UK’s remission rules namely, in the case of a sentence not exceeding four years, release at the discretion of the parole board after serving half the nominal sentence, release as of right at the two-thirds point. On that basis, he might serve a total of only some eighteen months to two years.

19. The predicted sentence of 3-4 years was based upon sentencing guidelines themselves based upon a points system. The prosecution would recommend to the court a particular points level which the court would be likely to accept. Similarly the prosecutor would recommend to the section of the US Department of Justice responsible for administering the Convention on the Transfer of Sentenced Persons that the appellant be transferred and this recommendation too was in practice likely to be accepted.

20. If, however, the appellant chose not to cooperate, and were then extradited and convicted, he might expect to receive a sentence of 8-10 years, possibly longer, and would not be repatriated to the UK for any part of it. He would accordingly serve the whole sentence in a US prison (possibly high security) with at best some 15% remission.

21. Mr Lawson clearly recalls the prospect of repatriation being stated to depend upon the appellant’s application for transfer being supported by the prosecution. If the support were withheld as it would be if extradition was contested, there was said to be no prospect of repatriation, a refusal by the Department of Justice being unreviewable in the US courts.

22. The proposed “deal” was conditional upon the appellant entering into a form of Plea Agreement, a lengthy document including the provision in para 4 that:

“the defendant is aware that the defendant’s sentence will be imposed in accordance with the Sentencing Guidelines and Policy Statements. The defendant is aware that the Court has jurisdiction and authority to impose any sentence within the statutory maximum set for the offense (s) to which the defendant pleads guilty. The defendant is aware that the Court has not yet determined a sentence. The defendant is also aware that any estimate of the probable sentencing range under the sentencing guidelines that the defendant may have received from the defendant’s counsel, the United States, or the probation office, is a prediction, not a promise, and is not binding on the United States, the probation office, or the Court. The United States makes no promise or representation concerning what sentence the defendant will receive, and the defendant cannot withdraw a guilty plea based upon the actual sentence.”

The Plea Agreement included a further term in para 12 that the US Attorney’s Offices respectively for the Eastern District of Virginia and the District of New Jersey “will not oppose the defendant’s application to transfer any sentence imposed by the Court made pursuant to the Council of Europe Convention".

23. Subsequent to the Divisional Court’s judgment but prior to Mr Lawson’s statement an affidavit was sworn by Robert Wiechering on behalf of the US Attorney’s Offices for both districts stating that they “will not oppose any prisoner transfer application that may be made by Gary McKinnon (if extradited and convicted) based, in whole or in part, on his refusal to waive or consent to extradition from the United Kingdom.”

24. Following the meeting of 14 April 2003 Ms Todner took advice from an American defense lawyer and, subsequently, the appellant declined the “deal".

http://www.publications.parliament.u...0/mckinn-1.htm

09-13-2008, 11:41 PM	#71
murnut Avalon Senior Member Join Date: Sep 2008 Location: Philly Posts: 179	Re: Poor Gary Mckinnon 18. Mr Stein confirmed that he was authorised to offer the appellant a deal in return for not contesting extradition and for agreeing to plead guilty to two of the counts laid against him of “fraud and related activity in connection with computers". On this basis it was likely that a sentence of 3-4 years (more precisely 37-46 months), probably at the shorter end of that bracket, would be passed and that after serving 6-12 months in the US, the appellant would be repatriated to complete his sentence in the UK. In this event his release date would be determined by reference to the UK’s remission rules namely, in the case of a sentence not exceeding four years, release at the discretion of the parole board after serving half the nominal sentence, release as of right at the two-thirds point. On that basis, he might serve a total of only some eighteen months to two years. 19. The predicted sentence of 3-4 years was based upon sentencing guidelines themselves based upon a points system. The prosecution would recommend to the court a particular points level which the court would be likely to accept. Similarly the prosecutor would recommend to the section of the US Department of Justice responsible for administering the Convention on the Transfer of Sentenced Persons that the appellant be transferred and this recommendation too was in practice likely to be accepted. 20. If, however, the appellant chose not to cooperate, and were then extradited and convicted, he might expect to receive a sentence of 8-10 years, possibly longer, and would not be repatriated to the UK for any part of it. He would accordingly serve the whole sentence in a US prison (possibly high security) with at best some 15% remission. 21. Mr Lawson clearly recalls the prospect of repatriation being stated to depend upon the appellant’s application for transfer being supported by the prosecution. If the support were withheld as it would be if extradition was contested, there was said to be no prospect of repatriation, a refusal by the Department of Justice being unreviewable in the US courts. 22. The proposed “deal” was conditional upon the appellant entering into a form of Plea Agreement, a lengthy document including the provision in para 4 that: “the defendant is aware that the defendant’s sentence will be imposed in accordance with the Sentencing Guidelines and Policy Statements. The defendant is aware that the Court has jurisdiction and authority to impose any sentence within the statutory maximum set for the offense (s) to which the defendant pleads guilty. The defendant is aware that the Court has not yet determined a sentence. The defendant is also aware that any estimate of the probable sentencing range under the sentencing guidelines that the defendant may have received from the defendant’s counsel, the United States, or the probation office, is a prediction, not a promise, and is not binding on the United States, the probation office, or the Court. The United States makes no promise or representation concerning what sentence the defendant will receive, and the defendant cannot withdraw a guilty plea based upon the actual sentence.” The Plea Agreement included a further term in para 12 that the US Attorney’s Offices respectively for the Eastern District of Virginia and the District of New Jersey “will not oppose the defendant’s application to transfer any sentence imposed by the Court made pursuant to the Council of Europe Convention". 23. Subsequent to the Divisional Court’s judgment but prior to Mr Lawson’s statement an affidavit was sworn by Robert Wiechering on behalf of the US Attorney’s Offices for both districts stating that they “will not oppose any prisoner transfer application that may be made by Gary McKinnon (if extradited and convicted) based, in whole or in part, on his refusal to waive or consent to extradition from the United Kingdom.” 24. Following the meeting of 14 April 2003 Ms Todner took advice from an American defense lawyer and, subsequently, the appellant declined the “deal". http://www.publications.parliament.u...0/mckinn-1.htm