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Any early predictions on Jeff Skilling's likely sentence the second time around?

By Douglas A. Berman

As noted here, the Fifth Circuit ordered former Enron CEO Jeff Skilling resentenced because District Judge Sim Lake made a guideline calculation error.  But the Fifth Circuit said little else about Skilling's original sentence, which may ensure that the outcome (and even the terms of debate) for his resentencing are uncertain for the time being. This Bloomberg news reporthas this notable discussion of resentencing possibilities: If that?s the only basis of resentencing, it would be a modest reduction,? said Kirby Behre, a partner at Paul Hastings Janofsky & Walker in Washington and co-author of ?Federal Sentencing for Business Crimes.? ?It might be more than modest, but it?s not going to get him down to 10 or 12 years.? In the 2000 guidelines under which Skilling was sentenced, the financial-institution factor brought his offense level to 40 from 36 and his range to between 292 and 365 months in prison...continue to full post

Full post as published by Sentencing Law and Policy on January 07, 2009 (boomark / email).