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[return to "YouTuber who staged plane crash faces up to 20 years jail"]
1. waiwai+q6[view] [source] 2023-05-11 23:13:17
>>tafda+(OP)
20 years is the maximum, not what he'll get. Skimming the Federal Sentencing Guidelines, I make it:

* A base level of 14 for an obstruction of justice charge (§2J1.2)

* -2 for acceptance of responsibility (§3E1.1)

Assuming no previous criminal history, that's a guideline sentence of 10-16 months. If he can get it down one more point to a level 11 sentence, that's a Zone B sentence and can be entirely served on probation.

The DoJ press release is at https://www.justice.gov/usao-cdca/pr/santa-barbara-county-ma..., but the plea agreement isn't available (yet), which would indicate if they've agreed on an offence level and any adjustments.

EDIT: Found the plea agreement; see comment in thread

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2. tptace+c8[view] [source] 2023-05-11 23:24:08
>>waiwai+q6
I think you can go higher here. It's 18 US 1519; you might bump it with:

* Harmed or threatened to cause harm to a person or property damage

* Substantial interference with administration of justice

* Extensive in scope, planning, or preparation

Minus the guilty plea, he could be looking 4-5 years.

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3. waiwai+Ca[view] [source] 2023-05-11 23:38:51
>>tptace+c8
> Harmed or threatened to cause harm to a person or property damage

The enhancement is doing so "in order to obstruct the administration of justice" -- I don't think that any of the actual dangerous actions were done to obstruct.

> Substantial interference with administration of justice

That's defined as a "premature or improper termination of a felony investigation; an indictment, verdict, or any judicial determination based upon perjury, false testimony, or other false evidence; or the unnecessary expenditure of substantial governmental or court resources."

I think the first two don't fit the factual picture that we're aware of; the last _could_ but I think it unlikely that there was that much conduct that was beyond the obstruction charge that caused this.

> Extensive in scope, planning, or preparation

Possibly - the SG don't go into much detail about what they mean by this; however, I would be surprised if this enhancement applied (but less so than the other two).

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4. tptace+kb[view] [source] 2023-05-11 23:44:10
>>waiwai+Ca
Yeah, you're probably right. The prosecutor press release makes a point of talking about his experience as a pilot and a skydiver, so "special skills" might apply. But the big-ticket accelerator is (b)(1)(A), and I think you're right that it can't apply to him exfiltrating and cutting up his own airplane.
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5. waiwai+kf[view] [source] 2023-05-12 00:10:57
>>tptace+kb
Turns out yes to the extensive planning enhancement, as well as an aggravated role enhancement. But no to the harm/substantial interference/special skills enhancements. Details in uncle/aunt comment (is that a term?) now that I've found the plea agreement.
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