zlacker

>>Ozarki+(OP)
This is wonderful. I've never argued that Ross shouldn't have served time but it's always been clear his prosecution and sentencing were excessive and unjust. The prosecutors asked for a 20 year sentence, which seemed disproportionate given the sentencing guidelines for a first-time offender and the non-violent charges he was convicted of. But the judge sentenced Ross to TWO life sentences plus 40 years - without the possibility of parole. There's no doubt Ross made a series of unwise and reckless decisions but serving over ten years of hard time in a FedMax prison is more than enough given the charges and his history.

It's just unfortunate that Trump, and now, excessive pardons are politically polarized, which could cloud the fact that justice was done today. I don't credit Trump in any way for doing "the right thing" or even having a principled position regarding Ross' case. Clearly, others with influence on Trump convinced him to sign it. It doesn't matter how the pardon happened. Biden should have already pardoned Ross because that crazy sentence shouldn't have happened in the first place.

>>mrandi+1d
> Biden should have already pardoned Ross because that crazy sentence shouldn't have happened in the first place.

Biden did commute the sentence of several other non-violent cases just last week or thereabouts, and Trump has been talking about Ulbricht for quite some time so it's not a complete surprise.

I guess the whole "murder for hire" thing excluded him from the "non-violent" category. But how that got tacked on seems very odd; the judge basically said "we didn't really handle it in the court case and it wasn't a charge, but it was mentioned a few times and it seemed basically true, so I included it in the sentencing". Like, ehh, okay?

To be honest, I don't really understand much of the logic ("logic") of the US justice system....

>>arp242+0r
Judges are allowed to consider some evidence during sentencing which was not presented at trial. The standard for this evidence is lower than the "beyond a shadow of doubt" standard required for a criminal conviction. This is allowed because during sentencing the judge is considering information related to the history and character of the defendant. The 'hiring an online hitman' (who was an FBI informant) allegation was never charged or tried. Even if it hadn't been obvious entrapment, it might well have evaporated under discovery and cross-examination by a competent defense.

Including such evidence in sentencing consideration is not uncontroversial in the U.S. However, it can cut both ways, in that a judge can consider extenuating circumstances in a defendant's life to reduce sentencing. We want judges to evaluate cases and make sentencing adjustments where appropriate. So, I don't think I'd do away with the practice. The real issue is that this specific judge went absolutely bonkers far beyond the 20 years the prosecution asked for during sentencing (which was already very high) and sentenced Ross to two life sentences plus 40 years without parole.

Most of us who are happy that Ross was pardoned agree that he was guilty and deserved a jail sentence for the crimes he was convicted of. The only problem is the sentence was so wildly excessive for a non-violent, first-time offender. Compared to guidelines and other sentences it was just crazy and wrong. Ross has served over ten years. Now he's free. That's probably about right.

>>mrandi+xv
Calling him a non-violent first time offender is very odd given the magnitude of what his crimes were. He created a very large scale marketplace for all things illegal. Independent of his own hiring of hit men (hello non-violent?), selling substances that lead to overdoses, guns, bomb making materials, etc is certainly my definition of violent. Then add the scale; I fully agree with life sentence without chance of parole. This pardon is shameful.

>>azinma+g02
The silk road did not sell guns and bombs.

>>idunno+6e2
Yup. And just for some context regarding guns at the time; during the years Silk Road was active it was perfectly legal for me (in the state of Virginia) to buy a gun from another citizen cash in hand without ever showing an ID, filling out a BoS, or any paperwork whatsoever.