Judge lowers sentencing guidelines for Bob McDonnell

Posted at 5:35 PM, Jan 05, 2015
and last updated 2015-01-06 14:52:10-05

UPDATE: Judge James Spencer has reduced the sentencing guidelines for Bob McDonnell based on calculation of loss amount and the elimination of an Obstruction of Justice enhancement. The guidelines are now 6.5 to 8 years instead of the original 10 to 12 years. 

Spencer ruled that the value of the gifts McDonnell received was between $97,000-121,000. That would equate to about 78-97 months behind bars based on federal sentencing guidelines.

Stay tuned to NewsChannel 3 for updates. 

Richmond, Va. -  Attorneys for former Gov. Bob McDonnell say the prosecution's math -- used to support a sentencing recommendation of more than a decade in prison -- is wrong. In documents filed late Friday, the lawyers say the guidelines should be closer to three years in prison.

Defense lawyers have asked that instead of prison, McDonnell be allowed to perform missionary-style work, as a community service.

Prosecutors countered that the math was fine. In a response, they noted that of the 1,000 pages of documents filed in advance of Tuesday's sentencing, more than 960 came from McDonnell's lawyers. On Monday, McDonnell's lawyers asked, in nearly 90 pages, for their client to remain free from prison pending an appeal on the corruption convictions.

McDonnell and wife Maureen were convicted in September of using their positions as the first family to promote a Richmond businessman's tobacco-based diet supplement. In exchange, the couple and their children received cash, gifts, vacations, private-jet rides, golf outings and  undocumented loans.

At the conclusion of the 10 a.m. sentencing, U.S. Attorney Dana J. Boente will speak about the case. NewsChannel 3's sister station in Richmond, WTVR, is reporting that McDonnell, if sentenced to prison, will not be taken directly into custody. Rather, he'll be given a time and location to report to prison. WTVR is reporting McDonnell is expected to make a statement as well.

McDonnell began his political career as a state delegate from Virginia Beach. He later won Virginia elections for attorney general and governor. In 2012, he was being considered as a vice presidential running mate for Mitt Romney, but was not chosen. McDonnell is the first Virginia governor convicted of public corruption.

NewsChannel 3 will have continuing coverage of Bob McDonnell's sentencing today.