Sentencing of my federal client accused of spying

My client was sentenced yesterday. I had hoped for probation. I expected custody. He was acquitted of the most serious charges he faced in January, conspiracy, spying and engaging in financial transaction with a country on the terrorism list. He was found guilty of three counts of false statements. Once of the false statements accused him of lying about a source relationship with the Iraqi Intelligence Service. I fought hard not to have the court cross reference the financial transaction statute with would have added 26 points to his offense level. The probation department disagreed with me and added it. The judge disagree with the government and probation and sided with me. I was at an offense level of 6 + 2 for obstruction which I did not fight. I had every positive factor under 3553 going for me, 1^st offense, no drugs, employed throughout his life, community support, I had over 20 letters from all kinds of people including Military people who knew him and said they trust him with their lives. The government argued that because he lied about a matter that caused a serious security threat to the United States the judge should sentence him to 78 months. I argued for probation. The prosecutor also argued that people who pled guilty to those charges were sentenced by the same judge to 46 and 48 months and that a sentence less than that would be disparate. My client also continued to maintain his innocence which they argued was a failure to accept responsibility. The judge gave him 18 months. I didn’t ask for a designation because I don’t know what to ask for. My client lives in San Diego. I would like him to go to a minimum security camp near his family. He is 61 years old and is the only person his wife has. She is distraught. He will have to self report in about a month.

Do you have any recommendations on the institutions in California and how I can affect where he goes? I do not believe I can prevail on appeal but I am willing to do it to challenge the sentence. Can I keep him out of jail for a while if I appeal the sentence? Any recommendations you have are welcomed.

By the way, thank you for the sentencing memo. It was a great help. I am attaching mine in the in case you find it helpful. I am also attaching a law review article that I found helpful as well.

Haytham Faraj, Esq.

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