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Sentencing of Dzhokhar Tsarnaev
Boston Marathon bomber Dzhokhar Tsarnaev is slated to return to a federal courtroom Wednesday morning to be officially sentenced to death for the April 15, 2013 terrorist attacks that shook the city.
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Settling in to this hearing now>>>>Man who loaned gun to Marathon bombers faces sentencing
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12/22/2015 3:59:19 PM
Only people here for Silva hearing so far are reporters, sketch artists, some FBI, law clerks, and a lawyer for
#tsarnaev
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12/22/2015 4:01:23 PM
Lawyers meeting in chambers with Judge Wolf for Silva hearing, and he joins them, in shackles and tan prison garb, escorted by Marshals.
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12/22/2015 4:04:37 PM
Silva testimony from
#Tsarnaev
trial. He's about to be sentenced>>>>
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12/22/2015 4:17:11 PM
Silva brought into courtroom, he's seated by his lawyer, Jon Shapiro.
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12/22/2015 4:18:17 PM
Judge Wolf comes into courtroom, court in session.
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12/22/2015 4:19:28 PM
Lots of Silva's court records, like plea agreement, have been under seal since before his testimony in Tsarnaev trial. Wolf unsealing now
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12/22/2015 4:20:57 PM
Derege Demessie, the lawyer for Tsarnaev's and Silva's friend Robel Phillipos, is in the courtroom.
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12/22/2015 4:21:44 PM
Gov. has recommended two years, a reduction/agreement, but Judge Wolf must still go through what guidelines are.
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Milton Valencia
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12/22/2015 4:23:47 PM
Silva faces 46 to 57 months under guidelines, but one of his charges carry a minimum mandatory of 60 months.
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Milton Valencia
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12/22/2015 4:27:12 PM
Even with minimum mandatory guidelines, government giving him a "safety valve" that lets them depart to 24 months, what's recommended
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Milton Valencia
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12/22/2015 4:28:18 PM
Judge recalculates guidelines based on Silva's assistance, so without minimum mandatories it's 37 to 46 months. Government recommending 24
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Milton Valencia
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12/22/2015 4:30:00 PM
A lot depends on if Wolf approves Safety Valve. Nonethess, gov. recommends 60 percent reduced sentence, 18 month or 24 depending on ruling
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Milton Valencia
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12/22/2015 4:32:00 PM
Shapiro recommending a sentence of time served, which, "as of yesterday," would mean a 17 month sentence.
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12/22/2015 4:32:42 PM
Peter Levitt going over the case/government's recommendation. Witness testimony.
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12/22/2015 4:36:32 PM
Levitt saying Silva was selling marijuana in 2012, making
$3
,000 a month. He had been robbed twice.
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12/22/2015 4:38:02 PM
He got a Ruger in 2012 "to protect the marijuana trafficking business," a witness would testify. Silva wanted the Ruger "for protection."
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12/22/2015 4:38:32 PM
Silva had given Dzhokhar Tsarnaev the gun, but “he wanted the gun back to protect the marijuana trafficking business," Levitt says.
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12/22/2015 4:40:20 PM
Lots of this still having to do with guideline calculation, how extensive was Silva's drug operation in tandem with the gun.
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12/22/2015 4:44:20 PM
“The defendant was willing to get what he could sell, in terms of supply and customer," Levitt says, saying gun =sentencing enhancement
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12/22/2015 4:45:43 PM
Levitt arguing Silva deserves gun enhancement because he traded guns -- not only to Tsarnaev but drug dealers in general, part of his crimes
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Milton Valencia
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12/22/2015 4:47:49 PM
“Mr. Silva was a drug trafficker who could sell whatever drugs were available to him…that’s what happened here.” Saying gun was relevant.
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Milton Valencia
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12/22/2015 4:50:15 PM
Keep in mind this is a heroin case when talking sentencing. Question is whether gun is relevant to it, deserves enhancement. Gov't says yes.
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Milton Valencia
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12/22/2015 4:52:10 PM
When I say enhancement, that's what triggers min mandatory. Lot of this is academic as gov't going below anyway, but must still go through
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Milton Valencia
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12/22/2015 4:53:04 PM
Shapiro saying all past crimes shouldn't be connected. Says Silva was a pot dealer until ensnared in gov'ts heroin investigation
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Milton Valencia
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12/22/2015 4:55:04 PM
"A gov't agent when to see if he could persuade him to sell the heroin," which he could. But Shapiro says gov't "persuaded him to do it."
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12/22/2015 4:55:44 PM
Wolf rules that gun is relevant to heroin dealing, but history of marijuana dealing is not related, meaning doesn't contribute to it.
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12/22/2015 4:57:15 PM
Wolf finds that Silva sold heroin, but not connected to his past crimes. Was part of government case. "He didn't have a plan to sell heroin"
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12/22/2015 5:00:13 PM
Based on Wolf's findings, guidelines would be 37 to 46 months. Minimum mandatory aside. Based on that finding, gov. recommending 18 months
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Milton Valencia
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12/22/2015 5:04:28 PM
Levitt saying sentence recommendation based on "substantial assistance" of Tsarnaev
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Milton Valencia
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12/22/2015 5:06:11 PM
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