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This was said about Holmes, too. It matters what he actually ends up convicted of. Early speculation always runs high.


Not so much. Holmes guideline sentence redlined the sentencing levels too; she got a significantly lower sentence than the guidelines allowed.


I got downvoted yesterday for implying this. Is it true that her sentencing was "right in the middle?"

https://news.ycombinator.com/item?id=33963823


I'm fuzzy on this too. Her sentence was close to what the prosecution asked for, but the prosecution also seems to have asked for something much lower than the guidelines allowed --- so did the PSR.


That's right. Holmes' sentencing guidelines went over the top of the scale (45/43), and the prosecution recommended a variance to lower that. The guideline calculation was 80 years.

- "Through this variance request, the government also acknowledges that the Holmes’ crimes were not motivated by a short-term desire for financial gain. Second, this recommended sentence satisfies the ‘sufficient but not greater than necessary’ standard found in 18 U.S.C. § 3553(a). Finally, the Court will achieve the important sentencing goal of providing adequate deterrence to criminal conduct through a 15-year custodial sentence."

https://www.thedailybeast.com/theranos-founder-elizabeth-hol... (Mitchell Epner)


If this happened before her trial, she might have walked imo.




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