UPDATED:  Amended Order – “The Court finds that under the United States Sentencing Guidelines, Michael Parnell’s total offense level is 38 and his sentencing guideline range is 235 to 293 months [19.6 to 24.4 years] imprisonment.”

Monday the 21st of September will be the Sentencing Hearing.

The Honorable Judge Sand’s Order setting forth what relevant conduct of the defendants would be used in determining sentencing landed in my inbox a few moments ago.  All should quietly read the entire order, but here are the highlights:

Amount of Losses

For the reasons stated above, the Court finds that the Government has met its bur-den of establishing by a preponderance of the evidence4 that Stewart Parnell and Mary Wilkerson5 should be accountable under the Guidelines for more than $100 million but less than $200 million in losses, and Michael Parnell should be accountable under the Guidelines for more than $20 million but less than $50 million in losses.

Number of Victims

For the reasons stated above, the Court finds that the Government has met its bur-den of establishing by a preponderance of the evidence that Stewart Parnell and Mary Wilkerson should be accountable under the Guidelines for harming more than 250 victims, and Michael Parnell should be accountable under the Guidelines for harming more than 50 victims.

Conscious of Reckless Risk of Death or Serious Bodily Injury

Accordingly, the Court finds that the Government met its burden of establishing by a preponderance of the evidence that Stewart and Michael Parnell’s offenses involved the conscious or reckless risk of death or serious bodily injury.

Conclusion

Based on the above, the Court finds that the PSRs’ calculations of the Defendants’ offense levels are correct under the United States Sentencing Guidelines. As such, Stewart Parnell’s offense level is 47, and Michael Parnell’s offense level is 38. Under U.S.S.G. § 2X3.1(a)(1), Mary Wilkerson’s offense level is 30. Taking into account the statutory maxi-mum terms for each of Stewart and Michael Parnell’s counts of conviction and the fact that the terms for each count may be ordered to be served consecutively, Stewart Parnell’s sentencing guideline range is 9,636 months [803 years] imprisonment, and Michael Parnell’s sentencing guideline range is 210 months to 262 months [17.5 to 21.7 years] imprisonment*. The statutory maximum term of confinement under 18 U.S.C. § 1505 caps Mary Wilkerson’s term of imprisonment at 5 years, or 60 months. As such, Wilkerson’s guideline range is 5 years imprisonment.