Friday, October 13, 2006

Ney Pleads

Representative Bob Ney has entered a guilty plea to conspiracy and making false statements. (see Wall Street Jrl here).  He stated that he will resign from office prior to his sentencing. Bloomberg reports here that despite prior denials of guilt, Ney was now admitting his guilt. He also was noting alcohol dependence as an issue. (see here)

When entering this plea the Wall Street Journal reports that he stated, "I accept responsibility for my actions and I am prepared to face the consequences of what I have done."  Using the term "acceptance of responsibility" is particularly noteworthy as this factor allows a sentence to be lowered under the guidelines.  The sentencing guidelines include the following section:

"§3E1.1. Acceptance of Responsibility

(a) If the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels.

(b) If the defendant qualifies for a decrease under subsection (a), the offense level determined prior to the operation of subsection (a) is level 16 or greater, and upon motion of the government stating that the defendant has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the government and the court to allocate their resources efficiently, decrease the offense level by 1 additional level.

This case emanates from the Abramoff investigation.

(esp)

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