How much time will Rothstein get?

We asked that question in our poll here. Most readers are saying that he will get between 40 and 50 years.

The Sun-Sentinel has followed suit in its own poll. Other lawyers have weighed in this article. Here are the results of their poll as I write this post:

Poll: How much time should he get?
Convicted Ponzi schemer Scott Rothstein will be sentenced Wednesday, June 9, in federal court. His lawyer has made a case for Rothstein to serve no more than 30 years. The prosecution has asked that the former high-flying Fort Lauderdale lawyer get 40 years in prison.

What do you think? How much time should Scott Rothstein serve?

10 years or fewer. He didn't have any real victims. (66 responses)
8%

30 years. His lawyer made a good argument. (84 responses)
11%

40 years. The prosecution made a good argument. (216 responses)
27%

100 years or more. He should not see the light of day. (344 responses)
43%

Any prison time would be too good for him. He should be waterboarded and flogged for the rest of his life. (83 responses)
10%

793 total responses
(Results not scientific)

My view of this is that it doesn't much matter because the big sentencing date will be the day Judge Cohn hears the Rule 35 motion, the motion to reduce Scott Rothstein's sentence. True, whatever Rothstein gets tomorrow will be the starting point for the reduction, but at the end of the day, the amount of cooperation credit will drive this sentence. Judge Cohn knows that he will have the discretion to sentence Rothstein to an appropriate sentence after the cooperation motion comes, so I expect a pretty high sentence tomorrow. That said, 30 years is a lot of time, and as I've said before, I'm surprised that Nurik didn't ask for less.

Monday news and notes

1. The government has asked Judge Cohn to sentence Scott Rothstein to 40 years, a (meaningless?) variance from the statutory maximum of 100 years. (pg. 2: "The Government concedes that a variance in this case is supported by several salient factors. While the Defendant’s criminal activity in this case can only be described as reprehensible, it is beyond dispute that his post-offense conduct has been extraordinary.")

I say meaningless because 40 years is basically a life sentence for 48-year old Rothstein. It may turn out to be important what Judge Cohn does though because a motion to reduce Rothstein's sentence will be coming, so the starting point will be important. If Rothstein gets 30 years this week, and then gets a third off, he will likely have something to look forward to...
Govt Response to Rothstein

2. Nice story on Willy Ferrer today by John Pacenti.

3. The Supremes decided Krupski today. Our prior coverage here. This is the relation-back case that Robert Glazier argued. Unfortunately for Mr. Glazier, he was on the wrong side of this one.

Scott Rothstein asks Judge Cohn for 30 years...

...and I'm a bit surprised. I thought he'd ask for less. The PSI calls for life (a level 52), but the statutory maximum is 100 years. Rothstein will be 48 the day after his sentencing this week.

Here's his sentencing memo (by Mark Nurik):

Rothstein Sentencing Memo Rothstein himself wrote a 12-page letter to Judge Cohn, asking for leniency, "[b]ut I do not feel sorry for myself nor do I want anyone's sympathy. I deserve and expect the punishment I will receive. What I am deeply and sincerely sorry for is the horrific pain and harm I have inflicted on so many people."

There were also some letters filed on his behalf, one by his parents, but missing was one from his wife Kim Rothstein.

So here you go readers:

What will Judge Cohn sentence Scott Rothstein to this week?
	30 years
	35-40 years
	40-50 years
	100 years, the stat max
pollcode.com free polls

Summer time

Professor Rick is finished grading his exams, and is back to blogging. His latest -- on the most recent Supreme Court Miranda case -- is hilarious. Go check it out.

11th Circuit issues 112 opinion reversing one of its own

The case is United States v. Farley, and I confess that I haven't read the whole thing yet. What struck me is that the court reverses Judge Beverly Martin, the newest member of the 11th Circuit, in an opinion she wrote as a district judge. She held at the district level that a 30-year min/man sentence was unconstitutional as cruel and unusual. The 11th Circuit, per Judge Carnes, reversed. This case might have legs to the Supremes...