THE ROBING ROOM

Just had a sentencing proceeding before Judge Nickerson following a guilty plea in an 'honest services' wire fraud prosecution. Guidelines were 12-18 months and the government recommended 14 months. The judge imposed a sentence of probation and 500 months community service. He got it. He recognized that the defendant was an otherwise honest and honorable businessman who worked extremely hard building, under very difficult circumstances, an international business, and that he did not enter into the questioned relationship with his coconspirator for the purpose of committing a crime. He questioned the government's allusion to sentences in other, inapposite cases and clearly had read the lengthy sentencing submission and numerous letters of support. It was the correct ending to a difficult case -- but one that could have had a much sadder conclusion in the hands of a less temperate and flexible judge who was tethered to the Guidelines.