Michael Vick’s plea bargain — like those of his two co-defendants who were sentenced Friday — states that the government will recommend to the judge that he be given a sentence “at the low end of the applicable guideline range.” The key revelation in court Friday was that, despite the government’s recommendation of the low end of the range for Purnell Peace and Quanis Phillips, Judge Henry Hudson stated that the high end of the range was appropriate because of the “cruel” nature of their dogfighting activities.
The “applicable guideline range” for Peace was 12-18 months, just as it is for Vick, and Peace was sentenced to 18 months. (Phillips’ range was higher because of the nature of his criminal record.) Since Vick is accused of committing essentially the same crime as Peace, Judge Hudson will inevitably sentence Vick to at least the high end of that range — 18 months.
But I say “at least” 18 months because things may go worse for Vick. Remember, the “guidelines” are just that: guidelines. The only real limitation on the sentence the judge will give Vick is the 5-year maximum mandated by Congress.
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And while the government will not recommend that Vick be treated as the leader of the dogfighting enterprise, the judge may nevertheless decide that, based on the facts to which Vick stipulated in his plea bargain, he should be treated as the leader. If he is treated as the leader, the guidelines call for a sentence of 21-27 months.
So I think a two-year sentence is still very much within the realm of possibility for Vick, maybe even 27 months, particularly when you consider that Vick was the last of the four defendants to agree to a plea bargain. And you can bet the ranch he won’t get less than 18.
Since Vick started serving his sentence on November 19, the difference between serving 18 months and 2 years is the difference between resuming his career in 2009 — when he’ll be 29 — and resuming it in 2010 as a 30-year old.
And that’s assuming someone wants him and NFL Commissioner Roger Goodell doesn’t suspend him — which is assuming a lot.
