In the last post, I mentioned that the VRS Fraud defendant, Samuel Hawk, has filed a Downward Variance Motion on January 6, 2015 before the Honorable Judge Pisano.
What is a Downward Variance Motion? Remember, I am not an attorney, and what I am to tell you is all on the Internet. This motion is a tactic employed by defendants indicted with at least one federal crime and who has been found guilty either by jury or plea. The defendant can petition the sentencing court for a sentence lower than the sentence recommended by the federal sentencing guidelines.
Mr. Hawk has filed a motion hoping that the Honorable Pisano will accede to his motion and sentence Mr. Hawk to a lower sentence than what Bryce Chapman, also of Hawk Relay, got.
Because this is the first time a VRS Fraud defendant has used this particular motion, there is no precedent for VRS Justice to fall back on in predicting the possible sentence Mr. Hawk will receive from the Honorable Judge Pisano.
Based on the severity of Mr. Hawk’s crimes, it is my opinion that the Honorable Judge Pisano will not grant the motion and give Mr. Hawk the same sentence Mr. Chapman received. I do not believe that the Honorable Judge Pisano will even allow Mr. Hawk the luxury of having a reduced sentence than Mr. Chapman. As we all already know, CEOs will get the brunt of any criminal penalties levied (see John Yeh, and Enron as examples). Mr. Hawk was the CEO of Hawk Relay.
In any case, the Downward Variance Motion is a very interesting bedtime reading. When you read this, keep in mind that Mr. Hawk’s attorney is citing cases with different defendants in order to argue on why Mr. Hawk should get a reduced sentence.
Hawk Downward Variance Motion is here