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Original SCO recommendation: a sentence at the low end of the guidelines (0-6 months), with the possibility of no incarceration explicitly mentioned.
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Then came Kelner’s memo on behalf of Flynn.
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New SCO recommendation: a sentence at the low end of the guidelines (0-6 months), this time with no explicit mention of the possibility of no incarceration.
Officially, nothing else changed.
Why did Kelner (Flynn’s attorney) include that section in his memo?
Two possibilities, not mutually exclusive: (1) Over the years this particular judge has shown himself to be very sensitive to prosecutorial misconduct. He has thrown out entire cases on this basis alone. Appealing to this side of him was an attempt to further ensure a zero-month sentence. (2) To provide cover for a presidential pardon.