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Derek Chauvin Sentenced To Almost 21 Years On Federal Civil Rights Charges

Derek Chauvin Sentenced To Almost 21 Years On Federal Civil Rights Charges

Sentenced to 245 months (20.4 years) plus 5 years supervised release, to run concurrently with state sentence of 22 years. So the pending state appeal asserting Chauvin was denied a fair trial will not matter. Chauvin will spend almost another 20 years in prison.

On December 15, 2021, Derek Chauvin pleaded guilty to federal civil rights charges in the death of George Floyd and an alleged assault on 14-year old unrelated to the Floyd incident. We covered the plea in Derek Chauvin Pleads Guilty To Federal Charges In George Floyd Death:

Derek Chauvin was convicted of multiple state criminal charges in the death of George Floyd. He was sentenced to 22.5 years.

Chauvin also faced civil rights federal charges along with three other officers in Floyd’s death, as well as charges related to alleged abuse of a 14 year old during an arrest….

Today Chauvin pleaded guilty to the federal charges….

You can read the Plea Agreement.

Why would Chauvin plead guilty?

It seems he has given up fighting the state charges, where the system is against him, and if by some chance the conviction was appealed, he simply would be tried again. And again. And again.

This holds out the possibility of serving his time in federal prison, which would be better than state prison.

In late April 2022, Chauvin filed his appeal from his state conviction, Cataloguing Pervasive Trial Misconduct and Irregularities:

Throughout the trial and in the aftermath, we noted numerous trial errors that deprived Chauvin of a fair trial. The most obvious problem was the open and obvious threat of rioting and burning the city (and other cities) down if there were a not guilty verdict. See these prior posts for some of the problems we noted:

Chauvin was sentenced to 22.5 years on the state charges, and later pleaded guilty to federal civil rights charges guranteeing a roughly equivalent time in prison.

Nonetheless, Chauvin has filed an appeal from his state conviction. I’m not sure the logic there since he pleaded to the federal charges. Perhaps readers have insight into that, and can post in the comments.

To round out the circle, here is Chavin’s Appeal Brief, which catalogs the trial errors.

The state court appeal docket reflects that the state’s response to the appeal is due September 7, 2022.

Today was sentencing day, and the Court docket entry reflects the sentence of 245 months (20.4 years) plus 5 years supervised release:

The sentencing was not televised. This local news report describes some of what happened in court:

The NY Times reports that “With time already served deducted, Mr. Chauvin’s sentence amounts to 20 years and five months, near the lower end of the range of 20 to 25 years prescribed by the sentencing guidelines. His federal and state sentences are to be served concurrently.”

The NY Post reports what I suspected, that the federal conviction has the effect of adding prison time because the state charges would have more lenient reductions for good time served:

Federal Judge Paul Magnuson blasted the disgraced ex-cop from the bench before handing down the steep sentence, which will run concurrently with the more than 22 years Chauvin is already serving on state convictions of murder and manslaughter.

“I really don’t know why you did what you did,” the judge told Chauvin. “To put your knee on a person’s neck until they expired is simply wrong. … Your conduct is wrong and it is offensive.”

Because of federal parole policies, Chauvin will likely serve more time behind bars than if he served only his sentence imposed by the judge in his state case.

The ex-cop will also be transferred from Minnesota’s only maximum security state prison to federal prison because of the conviction.

Magnuson also chided Chauvin for shattering the lives of three fellow police officers who were on scene when he killed Floyd – and who have each been convicted of federal crimes.

“You absolutely destroyed the lives of three young officers by taking command of the scene,” the judge said.

So the pending state appeal asserting Chauvin was denied a fair trial will not matter. Chauvin will spend almost another 20 years in prison.

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Comments

SeymourButz | July 7, 2022 at 9:35 pm

And George Floyd’s drug dealer friend sleeps soundly in Texas.

They sleep as millionaires after giving it to the “man”
This poor poor guy
Trump
Better pardon him amd the other PO
Let them
Riot
Hopefully we will have a real AG amd will bust their ass’es

Wow, George “fentanyl” Floyd syndrome produces a progressive, pathogenic condition.

George died from a lethal dose of fentanyl. Mr. Chauvin was trying to subdue the wild beast and got distracted by the hostile crowd. Sad for everyone.

Knee on the neck needn’t apply any force. It’s point is that any resistance or attempt to get up is met by an immoveable obstruction. It applies force back equal to the force applied to get up without the need for a quick reaction to it.

    Edward in reply to rhhardin. | July 8, 2022 at 8:39 am

    Not to mention the knee was on his shoulders. Close to the neck, but not on the neck. No surprise the Federal judge didn’t know that basic fact, he learned the facts of the case from the media.

    stl in reply to rhhardin. | July 12, 2022 at 1:10 pm

    Exactly. There was no bruising which means he wasn’t being held down with the force of weight. The knee was used as a “check” to prevent him from getting back up while Chauvin kept an eye on the crowd. The crowd was easily part of the drama.

Paul In Sweden | July 8, 2022 at 6:14 am

Lady Justice is wandering the halls aimlessly weeping so I ask that the last person to leave the courthouses of our nation turn out the lights, because as we all know those that remain within have no need of light much less truth or justice.

    navyvet in reply to Paul In Sweden. | July 8, 2022 at 9:02 am

    “And judgment is turned away backward, and justice standeth afar off: for truth is fallen in the street, and equity cannot enter.”

    Isiah 59:14

angrywebmaster | July 8, 2022 at 6:21 am

Why the heck did he plead out on the federal charge? Is this something his attorney recommended?

    taurus the judge in reply to angrywebmaster. | July 8, 2022 at 7:26 am

    Most likely yes.

    Chauvin is literally facing a stacked deck, a Smith & Wesson and all the players except him have infinite resources and pockets- this was the best of all bad options.

      As the article notes, doing time in Club Fed is far superior to MN state prison. Should his state conviction be overturned, he will likely not be tried again by MN because of the Fed sentence. Unfortunately IIRC Fed “good time” is limited to a month for each year served. State parole is far more lenient.

Capitalist-Dad | July 8, 2022 at 9:08 am

Chauvin video looks exactly like slide from Minneapolis PD training on how to handle OD victim during arrest—keep him in recovery position until paramedics take over to treat victim. But paramedics were not allowed to take over in the chaos of a potentially hostile crowd. To overcome the fact that Chauvin did as training instructed, prosecution disingenuously argued knee was on Floyd’s neck and/or Chauvin kept him down too long. The whole thing stinks, but with the federal charges piled on, it’s easy to see why Chauvin might give up the fight against a state and federal double team determined to convict him for the mob.

And people wonder why the Uvalde cop asked for permission to take the shot.

    There’s no ‘wonder’ in there at all. He called for permission because he knew exactly what would happen to him if he shot a ‘youth’ who had only killed one or two people, and likewise the supervisor he called for permission knew what would happen to him if he allowed it.

      henrybowman in reply to georgfelis. | July 8, 2022 at 5:23 pm

      Things have a way of evening out.

      “Notoriously, working in public safety has been something that was sought after –­ it was a career,” Mayerhofer said. “Times have changed. Not only locally but nationally, there’s been a shift from public safety for various reasons. It has been challenging with COVID, a change in workforce, and expectations of the police. We are experiencing what the entire nation, specifically the (Phoenix) Valley is experiencing, which is a struggle to recruit.
      –Wickenburg Sun

      And this is in a working cowboy town in Arizona with John Birch billboards at each entrance to town and no visible hints of wokeness anywhere.

      Maybe one of you folks is looking for a dream job in Mayberry. I moved here 22 years ago and would never move again.

Meanwhile the Antifa rioters, Clinton, Brandon and his son all walk the streets freely. No wonder no one trusts the legal system because it seems to be unjust by definition.

F in g kiddin me. Maybe amtrak joe will pardon him. joke

texansamurai | July 8, 2022 at 11:18 am

this was a direct threat to police officers (and especially white police officers) nationwide–arrest/lawfully detain a black man/woman, go to prison–no doubt there are legions of peace officers thinking “but for the grace of god….”

since floyd, have made it a habit to personally thank / shake hands with every peace officer i encounter–that they get up every morning, put on a badge and come to work is humbling–am grateful for their dedication

they’re not perfect as they’re human but without them and their efforts we would be well and truly lost

    Capsaicin_Addict in reply to texansamurai. | July 8, 2022 at 12:56 pm

    There are good cops and bad cops. There are processes I approve of, and processes I loathe.

    But anyone who thinks this won’t have a chilling effect on police is dreaming. Expect fetal-position police work, better known as FIDO (f*** it, drive on).

    JohnSmith100 in reply to texansamurai. | July 8, 2022 at 9:14 pm

    Whenever I come in contact with police I tell the how much I appreciate them and understand how in a split second they can face life threatening situations. I understand that they stand between law abiding citizens and the scum of the earth.

    Correcting these issues starts at the ballot box. There needs to be retribution so that those behind this stuff suffer for it.

This is the most disgusting miscarriage of justice I have EVER seen. I think it’s a plan to get all the cops to quit so Old Slow Joe’s handlers can declare martial law using his woke troops.

    henrybowman in reply to oldvet50. | July 8, 2022 at 5:26 pm

    Keep in mind, there is no martial law in the constitution. The minute it is declared, we are operating outside the constitution. The constitution protects them to the same extent it protects us. If they want to declare themselves outlaws, the rest of America should act accordingly.

This man was sacrificed to the mob.

He will not be the last.

To honest people, this case will go down as the one of the biggerst travesties of justice in US history.

ThePrimordialOrderedPair | July 8, 2022 at 12:57 pm

Chauvin has been quadruple-jeaopardied in this whole, sick farce. He has been found guilty of 4 separate charges for the same exact “crime” (which he was innocent of, to start with) – 3 state murder charges (for one alleged murder of a guy who killed himself with a neo-speedball of meth and fentanyl) and now a federal “civil rights” charge for the same exact alleged murder.

This is ridiculous bullshit that no one with any sense accepts as reasonable. One crime gets one charge. When there are multiple levels of crime you cannot just accumulate them – they are separate charges meant to address different actions and consequences.

Even aside from the fact that Chauvin got railroaded on all these charges, the idea that you can just charge one crime with 8 billion different decriptions of it is INSANE and not the way a criminal process is supposed to go. Not for any reasonable people, at least.

    You the same sort of thing all the time with “charged with X and Conspiracy to Commit X”.

    The Constitution of the United States [has] delegated to the Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies and felonies committed on the high seas, and offences against the laws of nations, and no other crimes whatever.
    –THOMAS JEFFERSON, THE KENTUCKY RESOLUTIONS

RickTheBear | July 8, 2022 at 8:14 pm

Disgusting. Unbelievable. Saint George {spits}

I haven’t noticed any police officers resigning in disgust.
I no longer respect any of them.

    Arminius in reply to Barry. | July 8, 2022 at 11:08 pm

    Actually they have been, along with opting for early retirement or failing that attempting to get disability. What you haven’t seen is the media reporting it for the same reason you don’t see the media reporting Chicago gang violence or the fact that the vast majority of mass shootings are committed by black shooters or the fact that the vast majority of “hate crimes” against Asians and Jews are likewise are committed by blacks. They have a narrative to sell you. And of course by narrative I mean a pack of Marxist lies.

      Barry in reply to Arminius. | July 9, 2022 at 11:32 pm

      I know there have been a few. But a few isn’t enough. Wonder what would happen if the whole Minneapolis police force, led by their union, resigned?

      Chauvin is a political prisoner. If his fellow LEO’s will not act…

I am not knowledgeable in this field and will not pretend to be but I am skeptical of the idea of how fine and good federal prison is compared to state prisons.

If anyone here has some actual knowledge (so not just conventional wisdom) on the matter?

We are regularly told a lot of things that aren’t true but I have a suspicion that the primary difference between federal and state prison is just the crime that brings you there and the name.

And meanwhile, career criminal Hunter Biden and his totally corrupted old man walk around free,

Char Char Binks | July 9, 2022 at 8:24 pm

After Zimmerman, Slager, Tensing, Darren Wilson, Pantaleo, the Freddie Gray cops, et al, Chauvin should have known to let floyd die on the street all by his lonesome.

DO NOT TOUCH, DO NOT REVIVE

What about Jose Alba? Did he break any law or is that shaping up to be the next show trial?