Though unproven, the murder for hire charges will almost certainly be included in Ulbricht's relevant conduct for Sentencing Guideline calculation purposes. This begs the question of why even bother having a separate trial for the murder for hire charges if Ulbricht will already be sentenced for the acts. The feds, however, are lining up for a slice of the Silk Road publicity pie and this will add greatly to the likelihood of an excessive sentence. A life term is far from impossible.
Ulbricht is already facing a mandatory minimum of 20 years imprisonment as a result of the convictions. The statutory maximum is life. There is no parole in the federal system and prisoners serve 87.5% of the term imposed. Contrary to popular belief, Ulbricht's first offender status will not be a mitigating factor. The federal Bureau of Prisons is loaded with first offenders serving decades long sentences.
There seem to be little doubt that prosecutors will seek the maximum sentence for Ulbricht. Federal prosecutors measure success in years, and the ability to impose stunningly long sentence are what enhances one's resume. The Silk Road prosecution is a classic "resume case," one which will be prominently featured on the prosecutors' curriculum vitae. Blind ambition will ensure that reasonableness will not be a factor. Ulbricht is too great a prize and will be seen by prosecutors as another means by which they can fast track their careers up the judicial-corporate ladder. Advancement through any means is the essence of the game; "public protection" is merely a pretense. Ulbricht, as well as countless other federal defendants, will continue to be senselessly over-sentenced so that careers may flourish.
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