McNabb in the News (6-10-06)

Senior Principal Douglas McNabb has been quoted in the Las Vegas Review-Journal concerning potential perjury sentencing enhancements for Dario Herrera and May Kincaid-Chauncey.

One expert predicted the adjustment would add at least eight months to the defendants' potential sentences. Without the adjustment, he said, both defendants face prison sentences of at least 33 months under the federal guidelines.

…

Douglas McNabb, … who specializes in federal criminal cases, said after their convictions that Herrera and Kincaid-Chauncey faced prison terms of at least 33 months under the federal sentencing guidelines.

…

If the judge finds that the bribes amounted to less than $120,000, the defendants' sentencing range will be between 33 and 41 months, McNabb said. The attorney said that range will be between 41 and 51 months if Hicks grants the adjustment prosecutors are seeking.

McNabb predicted that prosecutors will push for a sentence at the upper end of the guideline range.

"It doesn't make sense to argue for anything less than that if you're the government," he said.

McNabb said Hicks can hold the defendants responsible for the amount of all the bribes involved in the conspiracy.

…

McNabb said that amount results in a sentencing range of 51 to 63 months without the adjustment prosecutors are seeking and a range of 63 to 78 months with the adjustment.

McNabb said Hicks also could choose to increase the sentences if he finds that the defendants' conduct "was part of a systematic or pervasive corruption of a governmental function, process or office that may cause loss of public confidence in the government."^[1]

---

[1] Carri Geer Thevenot, Prosecutors Want Ex-Commissioners’ Sentences Increased, Las Vegas Review-Journal, Jun. 10, 2006.