He unequivocally told us, the US Congress, and the media show 60 minutes he has never used performance enhancing drugs (“PEDs”). His best friend, and fellow future hall of fame pitcher, Andy Pettite
, told us he had used HGH and that Clemens had told him just that . Former personal trainer Brian McNamee claims he has materials used to ingest PEDs by Clemens in a beer can in addition to a FedEx box. How does all this come together? During the Major League Baseball witch hunt to sniff out and snuff out any and all use of PEDs, Roger Clemens denied any involvement despite suspicion that he was a user. He was named as one of 87 Major Leaguers to use performance enhancing drugs in the Mitchell Report, a 407 page report put out by baseball in 2007. Subsequent to this report, Clemens, along with many others, testified before Congress regarding the use of PEDs, to which Clemens denied any involvement and then sued his former trainer Brian McNamee. Ultimately, and likely due in large part to Clemens’ dumb ass decision to sue McNamee, thereby opening himself up to deposition and trial testimony, the US Attorney’s Office in Houston elected to charge Clemens in 2009 via a three count Federal Indictment
. In round 1 on Clemens’ trial the US Attorneys office mistried the case by showing the jury a video that had been ruled to be inadmissible in trial. Fast forward 9 months and here we are again, set to watch a clash of wills between Clemens’ Federal Criminal Lawyer and the US Attorney’s Office over something so ridiculous as charging a former professional athlete with fibbing to a group of what may or may not be a group of fibbers themselves. What an excellent use of Federal funds!
So what happens if the Rocket man is convicted of these horrible misgivings? Unlike most State courts, the Federal Sentencing System operates using rather complex guidelines. Because Clemens is charged with 3 counts all generally arising from the same incident, his allegations will be “grouped” for purposes of sentencing should we get that far. For arguments sake, Clemens likely has no significant history and thus his criminal history category would be a “0″ or “1,” which is the lowest category one can be in. Obstruction of Justice is found in the Sentencing Guidelines under Section 2J1.2 and Perjury is found under Section 2J1.3. Because both of those carry the highest Base Offense Level of 14, they will be considered the threshold charge and the calculation of the applicable guideline sentence will begin there. Again, due to these allegations arising from the same incident, the charges will be grouped and so under Clemens’ criminal history category using a base offense level of 14, he is potentially facing 15-21 months in a Federal Penitentiary. Generally one charged with a Federal Crime is eligible for certain mitigating opportunities in an effort to reduce his sentence, however these are almost never available to a defendant if he goes to trial.
Federal charges are hands down the most serious criminal charges and individual can be saddled with. If you or someone you know need a Tampa Federal Criminal Lawyer
contact the Federal Criminal Attorneys at The Mayberry Law Firm immediately. We’re available 24 hours a day, 7 days a week at 727-771-3847.