Maryland Criminal Attorney Blog
Ippei Mizuhara, an interpreter for L.A. Dodger’s star Shohei Ohtani, was recently charged by federal authorities in California with one count of bank fraud related to his alleged theft of millions of dollars from Ohtani, which Mizuhara used to bankroll his prolific gambling habit. Though federal investigations often take a long time, the IRS was investigating the illegal gambling ring Mizuhara used to place his bets, so they had a substantial head start on their investigation.
News outlets often report the maximum penalties associated with criminal charges. But the reality is that the maximum penalties are seldom imposed. Instead, federal courts are required by law to calculate a range of imprisonment based on the sentencing guidelines. The federal sentencing guidelines are advisory – meaning the court need not impose a sentence within the guideline range – but they are the starting point for every federal sentence imposed. If a court decides to impose a sentence outside the guideline range, it must provide specific reasons for doing so. As a result, the guidelines provide a far more accurate estimate of the potential penalty that a federal defendant might face.
The guidelines work like a mathematical formula. The facts of the case determine whether certain guidelines apply, and any dispute about the application of the guidelines is resolved by the court at a sentencing hearing. These factors include the criminal history of the defendant, his role in the offense, and whether any aggravating circumstances exist.