Sentencing Disparity

“…such a sentence should, at the very least, be reserved for the worst crimes committed by repeat offenders. Needless to say, Ross’s crime is nowhere near that category and his sentence was grossly excessive.”
– Shon Hopwood. Appellate Lawyer, Professor of Law at Georgetown University

Ross’s sentence is unheard of for a young man with no criminal history and all non-violent charges. Ross was never prosecuted for causing harm or bodily injury, and no victim was named at trial. Compared to others sentenced for far worse conduct—even violent crimes—Ross’s punishment is wildly excessive and disproportionate.

There is also a grotesque disparity between Ross’s sentence and that of all other defendants related to the case, including the actual drug sellers and the men behind Silk Road 2.0. Nearly all of them are free today.

  • Leading drug seller Jan Slomp—whose offense level was the same as Ross’s—got 10 years.[2]
  • Large drug seller Steve Sadler got 5 years.[3]
  • Biggest methamphetamine seller Jason Hagen got 3 years[4] (reduced from 6 years because of agent corruption).
  • Forum moderator Peter Nash was given a 17-month “time served” sentence, even though his charges carried a mandatory minimum of 10 years.[5]

The latest defendants to be released from prison are Jan Slomp and corrupt federal agent Carl Mark Force, who were freed in 2020, while corrupt agent Shaun Bridges is scheduled for release later in 2021.[6]

In December 2020, programmer Michael Weigand was sentenced to 8 months in prison for his role as a “key player” in the “creation and operation” of Silk Road. He was prosecuted in the Southern District of New York (SDNY), just like Ross was.[7]

Silk Road 2.0

Even more stunning is that Thomas White, the creator and co-operator of Silk Road 2.0—a bigger replica of Silk Road—was sentenced in the UK to 5 years and 4 months.[8] Silk Road 2.0 had more listings and sales per month,[9] and was one of many dark net markets that multiplied after Ross’s sentencing.[10] 

As to Blake Benthall, the admitted co-owner of Silk Road 2.0, he was arrested in San Francisco in 2014 on the same charges Ross was.[11] Yet, the same people who prosecuted Ross (SDNY) released him from custody after a mere 13 days. He faces only tax evasion charges and will do no prison time.[12]

Blake Benthall, co-owner of Silk Road 2.0, spent less than 13 days in jail

13 days VS. two life sentences + 40 years

Arrested on the same charges Ross was, the FBI in Benthall’s criminal complaint stated that “SR 2.0 offers its users an almost identical user experience to that offered on SR 1.0.”[13]

That Benthall did not go to prison while Ross is serving a life sentence is in direct conflict with sentencing law 18 U.S. Code Section 3553, which states “the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.”[14]

Such a sentencing disparity also flies in the face of both the 14th Amendment’s Equal Protection Clause and the Sentencing Reform Act.[15][16]

The Sentencing Reform Act requires that a judge impose a sentence that is “sufficient, but not greater than necessary.” This act was passed by the Congress to provide fairness in sentencing and avoid disparities among defendants with similar charges. Ross’s sentence so obviously exceeds what is “sufficient, but not greater than necessary” that its injustice is manifest.

Ross’s judge used uncharged allegations that were never submitted to, or ruled on by, a jury to justify her sentence, in violation of the Sixth Amendment right to a jury trial. She also violated the First Amendment by basing her sentence, in part, on what she believed was Ross’s political philosophy.

Read/watch: Silk Road Case: The Real, Untold Story.
Based on over 400 references. Never-before-seen information.

References