A jury could have found that Blagojevich asked the President-‐‑elect for a private-‐‑sector job, or for funds that he could control, but the instructions permitted the jury to convict even if it found that his only request of Sen. Obama was for a position in the Cabinet. The instructions treated all proposals alike. We conclude, however, that they are legally different: a proposal to trade one public act for another, a form of logrolling, is fundamentally unlike the swap of an official act for a private payment.
Because the instructions do not enable us to be sure that the jury found that Blagojevich offered to trade the appointment for a private salary after leaving the Governorship, these convictions cannot stand.
Shorter version in plain English: Log-rolling is not bribery.
So will this make a difference in his sentence? Blagojevich was convicted on 18 counts at the second trial and one false statement count at the first trial. The Court tossed Counts 5, 6, 21, 22, and 23, but the Appeals Court says even without them, his guidelines would be higher than 168 months (the 14 1/2 year sentence he received.)
Blagojevich, in his appeal brief, says that at sentencing, the Judge found his advisory guideline range to be 188 to 235 months. He says the Judge sentenced him to to 168 months for counts 3, 5-13,15-17, 21 and 23 which carried a 20 year maximum; 60 months on counts 18 and 22; and 36 months on count 24 -- all to run concurrently.
The district court sentenced Blagojevich to 168 months’ imprisonment on the counts that authorize 20 year maximum terms, and lesser terms on all other counts. All sentences run concurrently, so the total is 168 months.
But, the guidelines are advisory, not mandatory. It's possible the Judge would have given him less than 14.5 years, but for the tossed counts, especially since they were among the most serious charges. It's really up to the Judge.
One way to approach it: Considering the appeals court tossed 28.5% of the counts carrying 20 years (4 of 14), the judge could decide he should get a 28.5% lower sentence. That would bring his sentence down from 168 months to 120 months or 10 years.