Ex-Prosecutor Asks: What Should Happen to a Fed Judge Convicted of a Federal Offense?

Steve Levin
Steve Levin

By Steve Levin
Fraud With Peril Blog

What should happen to a Federal Judge convicted of a Federal offense?

If you have not been following the news closely, you might have missed this story: Federal District Judge Samuel Kent in Texas has pled guilty to one count of obstruction of justice stemming from false statements he made about his sexual advances to various female employees.

In so doing, Kent faces up to 20 years in prison under the statute, though it is anticipated that prosecutors will recommend that Judge Vinson sentence Kent to three years confinement pursuant to the Federal Sentencing Guidelines.

The issue of sending a Federal Judge to jail raises some interesting issues, some of which are applicable to many white collar defendants who find themselves in a Federal courtroom. Some of which are not.

Every BOP inmate was sent to prison by a Federal Judge. This fact, and the security concerns that flow from this fact, will no doubt be a factor in Judge Vinson’s decision whether to place Kent among those who may very well have a grudge against him or Federal Judges in general. To put Kent in prison would also be a tremendous burden to the BOP staff.

Here’s why:

Typically, one might expect a defendant with Kent’s background who has been convicted of obstruction to be housed in a minimum security prison. A minimum security prison has the lowest security level and Kent’s designation to one would probably ease any concerns that BOP staff might have with respect to Kent’s safety.

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