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Comparing Lewis Libby and Victor Rita
Among the fascinating aspects of Lewis Libby's now upcoming sentencing is that his high-profile case resembles in various ways the case of Victor Rita, the defendant whose 33-month (within-guideline) sentence is currently under review by the US Supreme Court. I detailed some Libby-Rita parallels in
this post last month, and here are the major highlights.
1. The parallel nature of the crimes. Like Lewis Libby, Victor Rita got caught up in a criminal investigation and ultimately was indicted on five felony counts based on allegations that he lied under oath as part of the investigation. And, like Libby, Victor Rita asserted his innocence and exercised his right to a jury trial. (Victor was convicted of all five counts at trial; Libby's was acquitted on one of five counts, but
that may not matter much for sentencing purposes.)
2. The parallel personal history. Like Lewis Libby, Victor Rita is an atypical federal defendant because of his career in government service. Rita served 24 years in the Marine Corps, had tours of duty in Vietnam and the first Gulf war, received over 35 military metals and awards. Libby's pre-conviction resume is (equally?) impressive. The federal guidelines do not provide any formal breaks for government service or prior good works. But, with
Booker making the guidelines advisory, federal judges have more discretion to consider these matters at sentencing (though Rita's sentencing judge decided just to follow the guidelines).
Since Victor Rita's crimes seems, in context, to be less serious than Lewis Libby's crimes, I view Rita's 33-month sentence as a possible benchmark for Libby's sentence. Moreover, I have heard that Judge Walton has a reputation as a tough sentencing judge, and so Victor Rita's 33 month sentence might even be viewed as just a floor for considering Libby's fate.