As we have made a point of warning for almost two years now, while planning your crime of the century, you would do well to make sure that it is a state crime and nothing that could land you in Federal court. The United States Congress loves to make big political statements. Often the statement is that they are “tough on crime,” which manifests itself in the Federal Sentencing Guidelines that, frankly, can be terribly unfair and hammering defendants.

In the case of our old “friend,” Bigo Barnett, those same sentencing guidelines have Bigo kicking back and setting his feet up on the bed of his cellie for well over five years. Barnett likely didn’t believe he would even be arrested for what he did, never mind get a sentence harsher than… many state crimes. Now he might face 70-87 months in prison and unlike most news stories, that’s not the maximum, that sentence reflects the guidelines.

According to Law and Crime:

Richard “Bigo” Barnett became one of the faces of the incursion at the Capitol when he was pictured sitting in the office of House Speaker Nancy Pelosi (D) with one boot-clad foot resting firmly on her desk. He allegedly took an envelope from her desk but left behind a quarter. He left behind a note that he says definitely didn’t contain a sexist slur. According to prosecutors, he had a stun gun with him the whole time.

On Tuesday, Barnett’s lawyer Joseph McBride told U.S. District Judge Christopher Cooper that his client has rejected an offer from the government to plead guilty to a federal obstruction charge in exchange for dropping all the other charges against him, including theft of government property and disorderly conduct in a restricted building with a deadly or dangerous weapon. McBride said that the sentencing guidelines would result in a prison term of 70 to 87 months.

That is, of course, a little bit misleading. The guidelines say what they say, but judges are always the final arbiter of sentences and can make downward departures (though they’re certainly not obligated to do so). But if Bigo rejects the government’s offer, they will reinstate all those charges, and up and up the guidelines go.

Amazing. There is no conceivable way that Bigo entered the Capitol that day thinking for one second that he would wind up with a jail sentence, never mind being shipped off to prison. He is white.

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[email protected], @JasonMiciak