From the article (also quoted in post #2):
"In a reply sentencing memo submitted to the Court on behalf of D'Souza last week, his counsel argues federal prosecutors excluded and misrepresented the facts of “similar” cases in the Government's sentencing proposal to Judge Berman, leaving out crucial facts key to fair and equal sentencing for D’Souza compared to other cases. The prosecution has a duty to present comparable cases and crimes when arguing for a prison sentence. In their presentation of “similar” cases to the Judge for consideration during his deliberation, the prosecution ignored all truly similar cases without prison time but did present cases that included prison time without a full set of facts to justify sentencing."
I understand how hard it is for (staff edit ) to recognize reality, however, when one is presenting case to the Court the prosecutor argues for a prison term (unless a deal has been made for other sentencing) and in support of that position presents to the Court cases where the criminal was given a prison sentence. Following that presentation (called a "closing argument") the defense is given the opportunity to present a rebuttal, and in support of that position presents to the Court cases where the criminal was given a lesser sentence, or probation.
Contrary to the argument of D'Souza's attorney, there is no obligation on the part of the prosecutor to offer a sentencing guideline that is contrary to the position of the prosecution. Only that which is pertinent to the case presented by the prosecutor.
In other words, D'SDouza's attorney lied, and you fell for the lie which is nothing unusual for the Trumpkin mentality.
Criminal Justice Standards for the Prosecution Function
Standard 3-7.3 Information Relevant to Sentencing
(a) The prosecutor should assist the court in obtaining complete and accurate information for use in sentencing, and should cooperate fully with the court’s and staff’s presentence investigations.
The prosecutor should provide any information that the prosecution believes is relevant to the sentencing to the court and to defense counsel. A record of such information provided to the court and counsel should be made, so that it may be reviewed later if necessary. If material incompleteness or inaccuracy in a presentence report comes to the prosecutor's attention, the prosecutor should take steps to present the complete and correct information to the court and defense counsel.
(Notice the word "PRESENTENCE")
(b) The prosecutor should disclose to the defense and to the court, at or before the sentencing proceeding, all information that tends to mitigate the sentence and is known to the prosecutor, unless the prosecutor is relieved of this responsibility by a court order.
(c) Prior to sentencing, the prosecutor should disclose to the defense any evidence or information it provides, whether by document or orally, to the court or presentence investigator in aid of sentencing, unless contrary to law or rule in the jurisdiction or a protective order has been sought.
(Again, take note of the words "BEFORE THE SENTENCING PROCEEDING" and "PRESENTENCE". Also take note of the use of the word "SHOULD", not "SHALL")
Now, do you want to take on the duties of a defense attorney?
