The Edmond Sun

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March 24, 2006

Convicted former city manager's sentence depends on number of factors

MCALESTER, Okla. — Former McAlester City Manager Randy Green is not expected to get the maximum sentence for his five convictions on federal felony charges.

He’s not expected to walk, either.

Green faces a maximum sentence of 50 years in prison and a $1.25 million fine for his conviction on five counts of embezzlement from the city of McAlester.

Jurors convicted Green after deliberating for nearly 10 hours at the U.S. Eastern District of Oklahoma U.S. Courthouse in Muskogee on Wednesday night.

The verdict came after federal prosecutors presented evidence that Green had sold hundreds of days in leave that he hadn’t earned back to the city of McAlester.

A sentencing date won’t be set for Green until after the federal Office of Probation and Parole completes a pre-sentence investigation within 90 days.

Once the Office of Probation and Parole completes its investigation, it will compute a sentencing range called for under federal sentencing guidelines.

“My best preliminary estimate is the guidelines may recommend a prison sentence of between five and 10 years,” said Sheldon Sperling, U.S. attorney for the Eastern District of Oklahoma.

Factors impacting the sentencing range could include the loss of money by the victim — in this case the city of McAlester — abuse of trust and other circumstances.

The report will then be delivered to U.S. District Judge Ronald White, who presided over the trial. White can consider the sentencing guideline range before passing sentence on Green, although he’s not bound by it.

The U.S. attorney’s office can also tell the court what the prosecutors believe Green’s sentence should be.

“The next step is for us to see the pre-sentence report from the probation office,” Sperling said.

Green’ s defense attorneys declined comment following his conviction late Wednesday night. They will also have an opportunity to state their position to the court prior to sentencing.

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