Sentencing of Robert Soloway under the plea agreement.
==UPDATE==
STATUS HEARING as to Robert Alan Soloway held on 6/12/08. Discussion re status of case. Court directs the following be submitted: draft PSR by 6/13/08; Govt. to supply PO and defense claim forms by 6/13/08; list of potential witnesses including contact numbers by 6/16/08; list of witnesses that will testify at the sentencing hearing and exhibit list by 6/20/08; defense response with any rebuttal by 7/7/08.Defendant remains on bond.
Here is the Government's sentencing memorandum (with exhibits).
The government is requesting 9 years in prison and 3 years of probation. Plus, he will have to perform 624 hours of community service and be barred from Internet use (even at work) until discharged.
Here is Soloway's response to the Government's Sentencing Memorandum.
In this document, Soloway's attorneys try to make Dr. John Levine look as though he is befuddled by all of this spam stuff and also distinguish his case from that of Jeremy Jaynes.
In this supplemental sentencing memorandum, Soloway's attorneys point out that CAN-SPAM does not ban spam, it merely regulates it. They also ask for extra time before the prison sentence starts to ween Soloway off of Klonopin and onto some other drug that is in the Bureau of Prison's formulary.
Finally, Soloway's attorneys look at some other spam-related criminal sentences with pretty light sentences.
In this supplemental sentencing memorandum, the Government lays out why it feels Soloway needs a stiff sentence of hard time in a federal prison.
This is the preliminary order of forfeiture. It is still unsigned and subject to being changed.