After a federal judge denied a motion by former Milwaukee County Circuit Judge Hannah Dugan to overturn the jury’s guilty verdict against her, attention now turns to her sentencing.
Several things need to happen before Dugan’s sentencing, expected in June. Regardless of her sentence, Dugan’s team says it will appeal to the 7th Circuit Court of Appeals.
Here is what comes next in the legally important and closely watched case:
When will former judge Hannah Dugan be sentenced?
No sentencing date has been set, but it is expected to be soon. U.S. District Judge Lynn Adelman said he expected to sentence Dugan in early June.
A federal jury found Dugan guilty of obstructing federal immigration agents, a felony, on Dec. 18, for trying to help an undocumented immigrant from Mexico elude a U.S. Immigration and Customs Enforcement arrest team. The jury found her not guilty on a misdemeanor charge of concealing that person from agents.
Dugan’s sentencing will take place in Adelman’s historic courtroom at the federal courthouse in downtown Milwaukee.
A pre-sentence investigation is being prepared. It will delve into Dugan’s personal and professional history and calculate the sentencing range under the federal sentencing guidelines. The pre-sentence investigation is not open to the public. It goes to the defense, the government and the judge.
Prosecutors and Dugan’s attorneys also will prepare sentencing memos, arguing what sentence they think is appropriate. Defense attorneys typically include letters from family and friends attesting to the defendant’s character.
Expect a good number of those letters to be coming, including possibly from former Milwaukee Mayor Tom Barrett, a longtime family friend, who was called by Dugan’s legal team to testify.
Will Dugan get prison time?
A state judge for nine years, Dugan faces up to five years in prison, but it is unlikely she would get time behind bars.
For a defendant with no criminal history who is convicted of a nonviolent crime, federal sentencing guidelines generally call for probation.
Federal judges give sentences using a points-based rubric. More points mean more possible prison time. Points increase with the crime’s seriousness – for instance, if violence was involved or money was stolen.
A defendant who takes the stand and is convicted could also get points for lying under oath. Dugan didn’t take the stand.
A defendant’s criminal history can add points too. Dugan doesn’t have a record.
Even if the guidelines suggested time behind bars, Adelman is known for below-guidelines sentencing.
When will the appeals court get the case?
Dugan’s team said the case will be appealed to the 7th Circuit. That will come after Dugan is sentenced and her conviction becomes official.
The appeal arguments are likely to echo what Dugan’s lawyers put before Adelman during the trial. They argued that judges are immune from such prosecutions, immigration agents were not allowed to make arrests in the courthouse, and that Adelman answered the jury’s questions incorrectly.
“We continue to maintain that Hannah Dugan acted lawfully and within her independent authority as a judge,” Dugan’s legal team said in a statement April 6. “The inconsistent jury verdicts demonstrate that the trial proceedings were flawed, and we plan to appeal.”
Who will argue Dugan’s appeal case at the 7th Circuit?
Dugan has a high-profile legal team featuring former U.S. Attorney Steve Biskupic and several other well-known defense attorneys.
The most famous member of the legal team is Paul Clement, former U.S. Solicitor General, who argued more than 100 cases before the U.S. Supreme Court during the Bush administration.
Clement, a Cedarburg native who has sparred with the Trump administration, joined Dugan’s legal team at the invitation of Biskupic, a fellow Republican appointee.
Clement has yet to appear in court for Dugan, taking a behind-the-scenes role, but that may be changing soon.
Is Dugan still a Milwaukee County judge?
No. Dugan, 66, resigned from the bench on Jan. 3, as an effort to impeach her and remove her from the bench was mounting within the Republican-controlled state Legislature.
During the criminal case, Dugan had been suspended with pay, continuing to receive her roughly $175,000 annual salary. A fundraiser was started to pay for Dugan’s defense team.
This article originally appeared on Milwaukee Journal Sentinel: A federal judge delivered a blow to Hannah Dugan’s appeal. What’s next?
Reporting by John Diedrich, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
USA TODAY Network via Reuters Connect
