OAKLAND, Calif. - Federal prosecutors are asking a judge to stray from normal procedures and send a former Dublin prison warden to 15 years behind bars – more than 10 years more than the sentencing guidelines recommend.
At the same time, Ray Garcia's attorney wants U.S. District Court Judge Yvonne Gonzalez Rogers to sentence the former warden – convicted of seven counts of sexual abuse and one count of lying to the FBI – to no more than 4 years in prison, but hopefully, just two.The maximum sentence for Garcia under the federal guidelines would be 4.8 years in prison.
These dueling memorandums were filed Thursday ahead of Garcia's sentencing scheduled for March 22 in Oakland, where the probation department is recommending that the former warden be taken immediately into custody.
Gonzales has already signaled her disgust with current sentencing guidelines in February when she reluctantly sent former FCI Dublin prison cook Enrique Chavez to prison to nearly two years.She made it clear she thought Chavez should be incarcerated for much longer than that.