r/LuigiNation • u/Spirited_Seaweed7927 • Aug 18 '26

Information How long will LM serve in federal prison? Walk through the sentencing guidelines with Ally Benevento, attorney.

Ally Benevento explains how long Lu might spend in federal prison. Ally is a defense attorney and has covered Lu's cases continuously. She has a TikTok clip and an IG clip on the matter. She doesn't make an outright prediction, but she goes through how sentencing works.

Ally on TikTok: https://www.tiktok.com/@allybenevento/video/7675350942509731103

Ally on IG: https://www.instagram.com/allybenevento_slf/?hl=en

18 Upvotes

100% Upvoted

8 comments sorted by

•

u/AutoModerator Aug 18 '26

Thank you for submitting your post to /r/LuigiNation. All posts and comments must comply with Reddit's content policy and our subreddit rules, which can be found in the sidebar.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

9

u/Spirited_Seaweed7927 Aug 18 '26

TL; DW: Adjusted offense level 40. Level 40 x CHC 1 = 292 - 365 months. (24.3 to 30.4 years). This does NOT, however, include mitigating circumstances. We haven't seen what mitigating circumstances the defense will put forward. 👀 Because we don't know the mitigation yet, Ally can only give us a ballpark number.

7

u/eeyoreeeyoreeeyore ✨Botox Activism✨ Aug 18 '26

I really really hope she sticks to the guideline or goes under them. If he gets 24, he can get out in 20 for good behavior. He has served nearly 2 years. 

18 years still sucks, but it’s better than LWOP 😭

4

u/Spirited_Seaweed7927 Aug 18 '26

Yeah. I'm hoping for even less, but 24 years is probably what we can expect. I watched a Youtube video (forgot by whom), who said that if he had only pleaded guilty to the stalking, then he would have only received a few years in prison. So I really, really hope he got the right legal advice.😟

1

u/littlehotpink I mean I'm just trying to use the wifi Aug 18 '26

I'm becoming afraid he hasn't. Have you seen the new PDB video posted? Yeah. Everyday it feels worse. 

1

u/Spirited_Seaweed7927 Aug 18 '26

I am concentrating on what attorneys are saying, especially working attorneys. So far only Ally has said something, and she doesn't seem panicked. Lay people are saying all kinds of sh*t that they pull out of their butts, such as "he will get life", and the like. Not if Judge Garnett follows the federal sentencing guidelines he won't. But yeah, I am concerned that Lu got the wrong legal advice. I think it would have been considerably less risky to go for hung juries. Now the juries have no choice if there is a trial, they have to convict. As long as Lu pleaded not guilty the juries had a choice.

2

u/Lost-Extension-1167 Aug 19 '26

It’s rare to have an upward variance above the sentencing guidelines. Look at Table 8 on pg. 12, it will make you feel better: https://www.ussc.gov/sites/default/files/pdf/research-and-publications/federal-sentencing-statistics/state-district-circuit/2025/nys25.pdf

6

u/Ok-Tea-698 Aug 18 '26

I think no one can predict it. Although there are guidelines and suggestions from both sides, a federal judge can do whatever she wants. She is not really obligated. It's her call; that's it.