Hudson set Vick's sentencing for Dec. 10 on the single federal conspiracy charge but repeatedly reminded him that he is not bound by the prison sentence of 12 to 18 months that prosecutors and Vick's attorneys are recommending. "The bottom line is that if I decide you deserve five years and give you five years, you can't appeal it," the judge said. "Do you understand? You're taking your chances here. . . . You have to live with whatever decision I make."
U.S. Attorney Chuck Rosenberg said in a statement Monday morning that federal sentencing guidelines had appeared to call for a prison term of up to six months and that a first-time offender like Vick normally might not have received any jail time.
But because Vick's conduct was so "heinous, cruel and inhumane,'' Rosenberg said, prosecutors insisted that the sentencing range be adjusted upward to 12-18 months, and Vick's attorneys agreed. "It is highly unusual for a defendant to agree to recommend a sentence above the advisory guideline range,'' Rosenberg said.