Paul Allard Hodgkins - so plea agreement it is. And earns you a 3 level reduction.
FINALLY we now have number of the cost of the Jan6th Insurrection because it’s itemized in the newest Plea Agreement “approximately $1,495,326.55 damage to the United States Capitol”
Damnit - I inadvertently thought I published this on June 2, 2021 but then I pulled up my dashboard and this article was just sitting there in queue. So apologies for the delay
Background - on Defendant Paul HODGKINS, found here. I should point out that Defendant HODGKINS wasn’t as nearly as violent as others. That’s not me defending him, that’s me making an informed observation. And yes I actually forgot about this case but late on Friday May 28, 2021 my phone alerted that his docket updated for a change in plea hearing - scheduled for June 2, 2021 admittedly I should have written a follow up since February
Minute Entry for proceedings held before Judge Randolph D. Moss:
Video (Zoom) Plea Agreement Hearing as to PAUL ALLARD HODGKINS held on 6/2/2021. All parties consented to proceeding by video. Plea of Guilty entered by PAUL ALLARD HODGKINS as to Count 1 of the Indictment.
REFERRAL TO PROBATION OFFICE for Presentence Investigation Report.
Oral motion by Defendant for an early hearing date for Sentencing, HEARD and GRANTED;
The Court will contact the Probation Office to confirm they can accommodate an expedited Presentence Investigation Report, in light of the earlier sentencing date. Sentencing is set for 7/19/2021, at 10:00 AM
DOJ - signed Plea Agreement Defendant HODGKINS page 1
…violation of 18 U.S.C. $ 1512(c)(2) carries a maximum sentence of 20 years of imprisonment; a fine of $250,000 or twice the pecuniary gain or loss of the offense, pursuant to l8 U.S.C. $$ 3571(bX3), (d); a term of supervised release of not more than 3 years, pursuant to l8 U.S.C. $ 3583(bX2); and an obligation to pay any applicable interest or penalties on fines and restitution not timely made.
Reduction of points/level…
I know that some readers may not understand why I fixate on the “acceptance of responsibility” or a defendant “showing remorse” those mitigating factors tend to be a prerequisite for the Parties to agree on an equitable accord - meaning in Defendant HODGKINS case. The cumulative points (which the Court uses along with other factors when sentencing the Defendant) is 17 points/level. This includes the U.S S G. 5 2J l .2(b)(2) Substantial Interference 3 points/level.
Pursuant to the terms of the signed plea agreement the Government made the following concessions; 2-level reduction and in addition to HODGKINS
“…through your client's allocution, adherence to every provision of this Agreement, and conduct between entry of the plea and imposition of sentence. Furthermore, assuming your client has accepted responsibility as described in the previous sentence, the Government agrees that an additional l-level reduction will be appropriate…”
Defendant HODGKINS Plea Agreement -Acceptance of Responsibility Page 3
Based on the terms and conditions of the Plea Agreement between the Government and Defendant HODGKINS and using the mathematical sentencing guidelines via U.S.S.G. (See November 2018 Manual1)
Estimated Offense Level and the Estimated Criminal History Category - set forth above, your client's estimated Sentencing Guidelines range is l5 months to 21 months…
…parties agree that, pursuant to U.S.S.G. §5E1.2, should the Court impose a fine, at Guidelines level 14,the estimated applicable fine range is $4,000 to $40,000. Your client reserves the right to ask the Court not to impose any applicable fine.
Based on the U.S.S.G. November 2016 2 Chart (which does not have a superseding chart) Defendant HODGKINS at a level 17 would mean the estimated sentencing range would be 24 to 30 months v at level 14 sentencing range is 15 to 21 months. Hence why the “acceptance of responsibility” actually matters
U.S.S.G Sentencing Guidelines Chart circa Nov 2016
$1,495,326.55 damage to the United States Capitol
Remember the restitution that I said “put a pin in” —I believe that this is the very first occurrence of the Government disclosing the monetary amount of the damage caused by Trump’s QANON-MAGA-MOB did on our Capitol building
Your client acknowledges that the riot that occurred on January 6,2021, caused as of May 17,2021…
…approximately $1,495,326.55 damage to the United States Capitol. Your client agrees as part of the plea in this matter to pay restitution to the Department of Treasury in the amount of $2,000.00
STATEMENT OF OFFENSE by USA as to PAUL ALLARD HODGKINS
…shortly after 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows and by assaulting members of law enforcement, as others in the crowd encouraged and assisted those acts.
Defendant HODGKINS Statement of Offense
The riot resulted in substantial damage to the U.S. Capitol, requiring the expenditure of more than $1.4 million dollars for repairs.
Some of the previously unknown facts concerning Defendant HODGKINS - back in February we know that he took a bus from Florida but until the recently filed statement of offense - we did not knowwhere in Florida.
Defendant Paul Hodgkins traveled to Washington, D.C., by bus from Tampa, Florida, and, on January 6,2021, at approximately 2:50 p.m., he entered the U.S. Capitol Building
Defendant HODGKINS Statement of Offense
If one of my readers could please send or tag or ask @AmyKremer if she has a decent criminal attorney on speed dial and/or advise her that she might want to look at the liability clause she executed with the bus company she rented busses -which I would very much appreciate it - also @congbillposey how did your FBI interview go?
Also the “I’m taking a bus from Florida to DC” here’s a picture gallery from a local Floridian Newspaper, article here - alternatively it is plausible that Defendant HODGKINS took a commercial bus from Tampa to DC and didn’t hitch a ride on any of the “Rolling Rally” “Stop the Steal” or “Wild Protest” busses of which there were several dozens.
Based on the Statement of Offense Defendant HODGKINS spent about 15 minutes in the Senate Chamber and now he’s like going to face some time in prison. My educated guess is he will ultimately be sentenced to less than a year but that $2K restitution is set in stone
Hodgkins raised his flag in salute. At approximately 3 : I 5 p.m. Hodkgins exited the Senate chamber and the U.S. Capitol Building.
Defendant HODGKINS Statement of Offense
…Hodgkins knew at the time he entered the U.S. Capitol Building that that he did not have permission to enter the building, and the defendant did so with the intent to corruptly obstruct, influence, and impede an official proceeding, that is, a proceeding before Congress, specifically, Congress's certification of the Electoral College vote as set out in the Twelfth Amendment of the Constitution of the United States and 3 U.S.C. $$ l5-18
And with that I think you’re caught up on Defendant HODGKINS case update - beyond the probation office’s pre-sentencing report, the USA motion and the defendant’s response (all of which will hit the docket before) the Sentencing Hearing, which is presently docketed for 7/19/2021, at 10:00 AM…
..and if I did the scheduling/publish article feature correctly this should publish while I’m in a client meeting. Which is weird because yesterday was the first time I was in one of our (6+ DMV area) offices since March 2020. My firm required that employees and contractors have proof of vaccination. I’m really going to miss the virtual depos because it saved a lot of time/money, given that the beltway seems like it’s in a state of permanent gridlock.
the U.S.S.G. Sentencing Chart - it is possible this might be out of date, but I searched the USSC https://www.ussc.gov high and low and I was unable to locate any chart that supersedes the Nov 2016 chart - which I uploaded here
ya know, I was thinking as I was reading this article... amazing, I know...
I've taken a bus trip or two in my long lifetime. Most recent trips require providing your name and contact info to the bus company. Maybe so they have a list of names to identify passengers in the event of an emergency? idk. but, that being said, how difficult might it be for the FBI to contact bus companies and request passenger manifest for any and all buses into or departing D.C. on Jan 6???
ya know, I was thinking as I was reading this article... amazing, I know...
I've taken a bus trip or two in my long lifetime. Most recent trips require providing your name and contact info to the bus company. Maybe so they have a list of names to identify passengers in the event of an emergency? idk. but, that being said, how difficult might it be for the FBI to contact bus companies and request passenger manifest for any and all buses into or departing D.C. on Jan 6???
Thank you. I feel smarter when I finish reading your writings.