[lbo-talk] State vs. federal sentencing

Michael Pollak mpollak at panix.com
Tue Sep 20 11:57:24 PDT 2005


The articles about Kozlowski's convictions spend a lot of time discussing the difference between being convicted in a state court like him -- where he got 8 to 25 -- and getting convicting in a Federal prison, where Ebbers got 25 -- with (it seems to be implied) no option to get out earlier. (They all add that this may not be the boon it seems, since in NYS, all sentences over 6 years end you up in a maximum security prison with murderers and such, where in Federal prison, white collar criminals have their own jails that aren't as onerous.)

So first question: do federal sentences not come with ranges? I thought all sentences had ranges. I thought you only got a 25 minimum on a sentence of 25 to life.

Second question: does anyone know why Kozlowski was tried in state court and the others in federal? Are decisions like that just a matter of who gets there first?

Michael



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